Loading...
HomeMy WebLinkAboutCorrespondence ® gym It • a f" CITY OFn CARMEL JAMES BRAINARD, MAYOR March 4, 2009 Via email, original to follow via US Postal Service Timothy L. and Linda L. Mylin 17245 Cherry Tree Road Noblesville, In 46062 Re: Termination of Use Variance— 19 Circle Drive, Carmel, Indiana Dear Mr. and Mrs. Mylin: Pursuant to the provisions of Section 29.04 in the Carmel Zoning Ordinance, I have reviewed the issues and details involved with your Use Variance to conduct private swimming lessons and find the following: A Variance was granted to you by the Cannel Board of Zoning Appeals in August of 1993, Docket No. UV-35-93, authorizing use of your outdoor pool to conduct private swimming lessons as a part- time home-based business. The granting of the Variance by the Board of Zoning Appeals (Board) included these specific conditions of approval, that the lessons would be conducted: a. between 9:00 AM and 12:30 PM; b. between the dates of May 22 and August 15; and c. for a period of not more than nine consecutive weeks. There were other details of your variance petition provided in the application and presented to the Board, which is noted in the official record for UV-35-93, including: a. not more than three students per'A hour lesson; b. lessons to be conducted exclusively by the owners,and one other part-time instructor; c. owner's driveway was of sufficient size to accommodate vehicle parking for each lesson. By summer of 2007,neighbor complaints recorded with the City and verified by the Cannel Department of Community Services(DOCS) suggested the scale of your part-time operation had outgrown that which was proposed and approved in 1993. Further complaints by residents of Circle Drive in 2008 resulted in a notice of violation from DOCS, when they determined that the lessons were: • running full-time daily, from 8:00 AM to 5:00PM Monday thru Saturday, often on Sunday; • being conducted for approximately sixteen weeks, instead of nine; • four instructors for each'/2 hour lesson; and, • vehicle parking for your clients was occurring exclusively on the public street,not within the private drive. DEPARTMENT OF COMMUNITY SERVICES ONE CIVIC SQUARE, CARMEL, IN 46032 PHONE 317.571.2417, FAX 317.571.2426 MICHAEL P. HOLLIBAUGH, DIRECTOR On August, 25, 2008,the Board heard testimony from clients of yours,as well as from residents on Circle Drive and DOCS staff regarding the state of affairs related to your Variance. The Board directed their attorney Mr. John Molitor to craft a specific set of commitments for you to sign, mirroring your verbal commitments made in 1993,to be recorded with the property deed. In August of 2008,a copy of"Commitments Concerning the Use and Development of Real Estate" (Commitments), executed by you,was submitted to the Cannel Board of Zoning Appeals,through its Department of Community Services(DOCS). Those Commitments provided that: • all lessons would be conducted between 9:00 AM and 12:30 PM; • for a period of not more than nine consecutive weeks between the dates of May 22 and August 15; and, • you shall instruct all persons with whom they do business that they shall comply with all parking and traffic regulations of the City of Cannel. The Enforcement provision in the Commitments states that, should the Owners fail to comply with the Commitments,then the Board's approval shall be null and void. In late 2008,the DOCS became aware that you no longer resided at 19 Circle Drive, but had moved to a residence in Noblesville, Indiana, at 17245 Cherry Tree Road. In view of the fact that you no longer reside at the premises for which the Variance was granted, it is the determination of this office that you are no longer able to fulfill the provisions of your petition approved by the Board in 1993, nor are you able to comply with the Commitments, and thus, are in default of them. It is with all of the above in mind that it is hereby determined that the Variance, Docket No. UV-35- 93 is found to be null and void, effective the date of this letter. This Director's determination may be appealed to the Carmel Board of Zoning Appeals by you or any other interested party pursuant to Chapter 30.0 of the Carmel Zoning Ordinance. Such appeals must occur within thirty(30)days of issuance of this letter,or all determinations within are final. If you have any questions,or wish to discuss this matter further,please do not hesitate to contact me at 571-2422. Very truly yours, /v(ii6.,,,,, ,/ Michael Holliba Copy: Cannel Board of Zoning Appeals E. Davis Coots John Molitor Adjoining property owners, 19 Circle Drive Page 1 of 3 Hollibaugh, Mike P From: andrea.m.kester@verizon.com Sent: Monday, September 22, 2008 4:10 PM To: Hollibaugh, Mike P Cc: acraig22cir@aol.com; andrea.m.kester@verizon.com Subject: Fw: Mylin Pool Exec Session Importance: High Attachments: Commitments Revised-Mylin-Swimming Lessons.doc; Circle drive commitment comments.doc Hi Mike, thank you for forwarding the UV-35-93 2008 commitments document and giving the Circle Drive residents the opportunity to express our concerns and comments. Attached to this email are the exact comments I received back from Circle Drive residents and from whom the comments were received. Specifically,all of our concerns, as they relate to the commitments outlined in the "Commitments Document" involve the following: Use of the word "consecutive" in the phrase "nine consecutive weeks". Adding the word "consecutive"was newly interjected with the idea of this Commitment Letter. It was not part of the original variance application or the 8/93 BZA Meeting Minutes when the variance was approved. In fact, the original variance application uses the phrase "only 8 -9 weeks", several times. Please see the individual comments below that prove the word "consecutive" is open-ended to multiple interpretations. To eliminate all ambiguity, would it not be more straight forward to state the commitment as, "Lessons will conclude 9 weeks after the commencement of the first lesson of the season"? Parking on Circle Drive Circle Drive cannot support constant parking in the street and still handle emergency vehicle traffic, trash pick-up and residential deliveries. When the Mylins'clients park in the street, they completely block one lane of traffic around a blind curve. Carmel City Code Chapter 6 -32(Carmel Fire Prevention Code), 8-35 (Fire Lanes)(When the Mylins are operating their swimming lessons, they fit the business classification)and 8-46 (General Parking Restrictions)all address and apply to blocking traffic on a street. This 2008 commitment letter needs to mirror the commitments documented in the 8/93 BZA Meeting Minutes that state, " There are sufficient number of parking spaces in the drive (19 Circle Drive)to accommodate those persons present during each one half hour segment...". Timeframe of 5/22 through 8/15 As stated in the Circle Drive residents'comments, no one cares when the lessons start, as long as they conclude only 8 or 9 weeks after they begin. The phrase , "during the summer"was used in both the original variance application and the 8/93 BZA Meeting Minutes. I think the requirement for them to submit their schedule by the April 22nd date to your office, is a good tool for the Carmel Code Enforcement Department to monitor the situation for the year. If the Mylins submit a schedule, will the schedule be available to the other Circle Drive residents, so that we can plan our activities in conjunction with the Mylins' schedule? We don't see the necessity of including start and end timeframe dates that the Mylins can try to manipulate to accommodate 12 weeks of teaching. 9/22/2008 Page 2 of 3 Number of students and number of instructors allowed In the past, the Mylins have consistently demonstrated, to us their neighbors and Code Enforcement , that they will stretch the interpretation of their documented commitments. Statement of Commitments#4 needs to clearly state ," no more than three students per half hour session" and "... lessons conducted by the owners themselves (maximum 2) and occasionally by not more than one other part-time " Our concern is that the Mylins will list their children, or children's future spouses, as owners also and drive up the number of instructors who can teach simultaneously. Without the change in wording as to 3 students per half hour, the number of instructors & students could extremely grow between the hours of 9:00 AM and 12:30 PM. In other words, the neighborhood fear is that the Mylins will attempt to teach the same number of students during the hours of 9:00 AM - 12:30 PM, that they used to accommodate from 8:00 AM - 5:00 PM. Enforcement The Enforcement paragraph states, " ...should they(Mylins)fail to comply with these commitments...", does this mean that they have to fail to comply with ALL the commitments before the variance is considered "null and void" or does it mean if they fail to comply with ANY commitment? I can interpret that paragraph to mean that they have to be in non-compliance with all commitments before the variance will be considered "null and void". We know from past experience that the Mylins and their attorney will be looking for any loopholes in this document that they can use to their favor for years to come. Can the Enforcement wording be restated to read, "...fail to comply with ANY of these commitment..."? How many non-compliance infractions will be required to make the variance"null and void"and how will compliance to the commitments be monitored? By no means, are we trying to tell you or Mr. Molitor how to word this legal "commitment"document. Based upon our combined experiences of trying to amicably work with the Mylins over the years, we are simply trying to insure that all parties concerned, surrounding property owners included, clearly understand the commitments of this Use Variance for 19 Circle Drive. There has been a lot of misunderstanding and interpretation in the past, which unfortunately resulted in the serious situation we were all involved in this summer. Several of us are planning to attend tonight's BZA Meeting. If you or Mr. Molitor have any questions about what I have stated in this email, we will be glad to discuss it with you after the meeting or set up a date and time, in the near future, to discuss by phone or in person. Thank you again for allowing our input into this effort by the City to get this Use Variance situation under control. Andrea Kester 844-0137 Home 896-6809 - Office 902-6516 - Cell Original Message From: Hollibaugh, Mike P To: am kester .indy.rr.com Cc: Holmes, Christine B Sent: Friday, September 19, 2008 5:53 PM Subject: Mylin Pool Exec Session Dear Mrs. Kester 9/22/2008 Page 3 of 3 Thank you for following up. The fact that the Mylins have moved does not change the course of action recommended by the City to the BZA. The Mylins could move back in three months and decide to reopen their swimming lessons, which makes following through on the compliance commitment necessary. Attached is an updated draft of commitments by Mr. Molitor. Please share these with your neighbors, send me a note back or give me a call to discuss. Yours truly, Mike Hollibaugh Ph. 571 2422 9/22/2008 September 22, 2008 Circle Drive Residents' comments/concerns regarding Mvlins Commitment Document Donn Gardner—3 Circle Drive Item#4—"that the swimming lessons include no more than 3 students per class. That would amount to 15 students an hour using 4 instructors. Binding Effect—If Isaih and Maggie (Mylins children) are on the deed, than that amounts to 4 instructors and one on occasion, then, that makes five eligible instructors. Under recording—What authority does Tim & Linda Mylin have authorizing the Recorder of Hamilton County to do anything? Sounds like this is their(Mylin's) attorney writing this up. If this is approved, it is good thru eternity. Pat Kane— 17 Circle Drive Statement of Commitments #1 — Why does it state 9 weeks,when the original variance states 8 or 9 weeks? Why is the date of August 15th stated? When they start teaching in May as they have done every year, they should conclude in July. According to the Mylin Use variance dated 7/29/93 paragraph#1/#15 states 8 or 9 weeks. I think 8 is enough. Statement of Commitments#3—Can the owners (of the property) hire 3 other people to instruct? Statement of Commitments #4—What about make-up lessons? Should the Mylins return money if classes are interrupted? Binding Effect—I think the Mylins should be required to supply a weekly and entire schedule with the names &times for the 8 or 9 week period and what monies are returned due to interruptions. Alice&Jay Craig—22 Circle Drive My biggest concern is the word consecutive. The Mylin's used that in their newest letter and it was never in the original. Why does it have to be in this letter? It clouds the fact that they should only teach nine weeks. This wording would still allow them to teach from May 22 through July 17 (eight weeks) then start again July 27 and go three more weeks to the Aug 15th date. Aug 15th was an arbitrary date made up by Kevin Brennan so why does it have anything to do with the variance? I don't care when they start,just once they do...no more than 9 weeks and that's giving them one more then the eight original. The word consecutive needs to be deleted. As for parking, what happened to parking in their driveway? They will be back on the street saying it does not impede traffic and we know the police will do nothing about it. Parking in the Mylins driveway needs to be included. Three students per Class - I'll bet the Mylins try to teach three students each, each half hour and therefore have nine students. That's the way I read"three students per class". Each teacher has a class. It should read, "three students per each half hour". ( The minutes from the 8/93 BZA Meeting states, "The Mylins operate their program in one half hour segments....".) Enforcement- How many times are they(Mylins) going to be able to "fail to comply"before the variance is "null and void", and who is going to do this? We know the city has done nothing to keep them from doing whatever they(Mylins)want. Andrea & Bob Kester—24 Circle Drive Use of the phrase nine consecutive weeks - Does nine consecutive weeks mean the total lesson period or can the Mylins interpret it as, nine consecutive weeks per instructor? Can the Mylins teach for less than nine consecutive weeks,not teach for a week, and begin teaching again until 8/15 and therefore except for the one week, teach all summer long for a period of 12 weeks total? Does one lesson taught during a week, constitute a week during the lesson period? May 22"a and August 15th are arbitrary dates that will fall on different days of the week each year. This will make it very hard for the Mylins to set up a schedule and for Code Enforcement to monitor. If classes stop nine weeks from when the first lesson starts, the surrounding neighbors can schedule their summer activities and contractor appointments around that timeframe. Parking—The Circle Drive street surface is only 19 feet wide. A standard minivan is 7 feet wide. ( The majority of business clients who frequent this business drive larger vehicles than a minivan.) If parking is permitted in the street and not in the Mylin's driveway, as the original 8/93 BZA meeting minutes states, a complete lane of traffic is blocked. 8 Date: September 2, 2008 b 4 (f To: Carmel Board of Zoning Appeals RECEIVED From: Andrea and Bob Kester Ji r Subj: September 9, 2008 Executive Meeting Concerning Use Variance UV-35-93 DQCS Today, September 2, 2008, we received notification from Carmel City Attorney, Douglas Haney, that our request was granted for a copy of the Commitments Concerning the Use and Development of Real Estate letter that was presented by Mr. Molitor, in behalf of Tim& Linda Mylin, at the 8/25/08 BZA meeting. Upon review of this commitment letter, we are very concerned that it attempts to change some of the commitments made for the original Use Variance UV-35-93, and as BZA Board President James Hawkins stated at the 8/25/08 BZA meeting, it is not inclusive of all of the commitments previously established for UV- 35-93. Using the Mylin's 1993 Variance Application, the August 1993 BZA Meeting minutes and a City of Carmel/Clay Township BZA Appeals Petition circulated by Tim Mylin in 1993, all of which are public record, the original UV-35-93 commitments made by the Mylins, the 1993 documents that support these commitments and the 2008 Commitment Letter proposals are as followed: Variance Commitment 1993 Commitment Document Proposed in August, 2008 Commitment Letter (See attachments) Hours of swimming 1) 1993 Use Variance With the exception of the word "only". the hours lessons are to be from Application submitted 9:00 AM to 12:30 PM are documented in the 9:00 AM to 12:30 PM 7/8/1993 by Tim & August, 2008 Commitments Concerning the Use only Linda Mylin. and Development of Real Estate letter. 2) August 1993 BZA Meeting Minutes, confirmed by Dave Coots, attorney for Tim & Linda Mylin. 3) City of Carmel/Clay Township BZA Appeals Petition circulated by Tim Mylin. Length of time is to be 8-9 1) 1993 Use Variance August, 2008 Commitments Concerning the Use weeks during early Application submitted and Development of Real Estate letter adds the summer months 7/8/1993 by Tim& word "consecutive" in the sentence"...during a Linda Mylin. period of not more than nine consecutive weeks 2) August 1993 BZA each season between the dates of May 22 and Meeting Minutes, August 15." confirmed by Dave Our concern is that the addition of the word Coots, attorney for Tim "consecutive"allows the Mylins to teach for & Linda Mylin. several consecutive weeks less than nine, not teach for a week and than teach for several more consecutive weeks, less than nine until 8/15. This action, on the part of the Mylins, would in effect equal more than 9 weeks. Variance Commitment 1993 Commitment Document Proposed in August,2008 Commitment Letter (See attachments) Only Linda and Tim 1) 1993 Use Variance Who is permitted by the Use Variance, to teach at Mylin and possibly one Application submitted 19 Circle Drive, is not committed to in the other qualified instructor 7/8/1993 by Tim& August, 2008 Commitments Concerning the Use part-time, would be Linda Mylin. and Development of Real Estate letter. operating and/or using the 2) August 1993 BZA proposed improvement for Meeting Minutes, which the application was confirmed by Dave filed. Coots, attorney for Tim & Linda Mylin. 3) City of Carmel/Clay Township BZA Appeals Petition circulated by Tim Mylin. Lessons are to be in one 1) August 1993 BZA The number of students, allowed to be half-hour classes with 3 Meeting Minutes, accommodated per class,permitted by the Use students per class confirmed by Dave Variance is not committed to in the August, 2008 Coots, attorney for Tim Commitments Concerning the Use and & Linda Mylin. Development of Real Estate letter. There are a sufficient 1) August, 1993 BZA The August, 2008 Commitments Concerning the number of parking spaces Meeting Minutes, Use and Development of Real Estate letter in the drive (19 Circle confirmed by Dave Coots, eliminates the commitment for the Mylins to Drive)to accommodate attorney for Tim & Linda accommodate parking in their drive. those (3)persons present Mylin. during each one half hour It infers that their business clients' parking will take segment. place in the street. The Circle Drive street around the Mylins property is on a blind curve and is only two cars wide with no sidewalks. The street cannot support parking in the street and be safe and navigational for normal residential and emergency vehicle and pedestrian traffic flow. The Use Variance will be 1) August 1993 BZA The August, 2008 Commitments Concerning the personal to the Mylins and Meeting Minutes, Use and Development of Real Estate letter attempts not run with the land. confirmed by Dave to change this commitment. Coots, attorney for Tim & Linda Mylin. The August, 2008 Commitment letter states that the 2) City of Carmel/Clay commitments (of the Use Variance), "are binding, Township BZA on the owners, each subsequent owner of the Real Appeals Petition Estate, and each person acquiring an interest in the circulated by Tim Real Estate....". Mylin. Since the Mylins have a long, continuous history of ignoring the commitments of their original 1993 variance and the multiple warnings of non-compliance issued by the City of Carmel, we, the affected neighbors of this use variance, request that the UV-35-93 variance be revoked by whatever means the City of Carmel can employ to do so. We, along with other adjacent property owners of the Mylins, have presented evidence to Code Enforcement, and it is our understanding that Carmel Code Enforcement has also gathered additional evidence, which includes pictures,measurements and sound recordings of the parking congestion, illegal parking, noise levels and neighborhood safety issues which the Mylin's non-compliance to their use variance generates. If you, the members of the Board, still feel after reviewing all the evidence,that action should not be taken to revoke variance UV-35-93,we implore you to at least insure that the original commitments made in 1993, by which UV-35-93 was approved,are committed to remain intact. Also included, for your information,is a timeline of events regarding the actions by the Mylins,the City of Carmel and Circle Drive neighbors surrounding Use Variance UV-35-93. Sincerely, Andrea&Bob Kester 24 Circle Drive 0,01) Alb �iN e 09�7�1 c/��'I�P,�f I S NG /N c�Pc� /`�S �// ou IA) Pi/t-S LP'- Fc y (-"-APU VI / - - — CITY OF CARMEL/CLAY TOWNSHIP , HAMILTON COUNTY, INDIANAet , 4 F • APPLICATION FOR BOARD OF ZONING APPEALS ACTIONr USE VARIANCEsift FEE: $250.00 0 '‘f 44 ,�, DOCKET NO. dl- 3.S / DATE RECEIVED: jogo.41ri142 1) Applicant: Timothy L. and Linda L. Mylin Address: 19 Circle Drive, Carmel , IN 46032 2) Project Name: PHONE: Engineer/Architect: N/A PHONE: N/A E. Davis Coots Attorney: moms T4F.NKF. 04RF.LFR PHONE: (317) 844-4693 255 E. Carmel Dr. , Carmel, IN 46032 3) Applicant's Status: (Check the appropriate response) X (a)The applicant's name is on the deed to the property (b)The applicant is the contract purchaser of the property (c) Other: 4) If Item 3) (c) is checked, please complete the following: Owner of the property involved: Timothy L. & Linda L. Mylin Owner's address: 19 Circle Dr. , Carmel , IN 46032 PHONE: 843-2219 5) Record of Ownership: Deed Book No./Instrument No. 343 Page: 840 Purchase date: July, 1984 6) Common address of the property involved: 19 Circle Or. . C'a rmP l , rN 46032 • Legal description: See attached Tax Map Parcel No.: 09-24-04-02-001 . 000 7} State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal). We would like to continue giving private swimming lessons in our pool from 9 : 00 a.m. to 12 • 30 p m for only 8-9 weeks dur ng the G>>mm€ According to the Zoning Ordinance Z-160 Sec . 7 . 0 our pool is not part of our dwelling (as interpreted by the Dept. of Community Development Nor is our private lesson swimming school a permitted use in an R-1 zone district. .X n1 AO / / P/VvG 04. - • 8) State reasons supporting the Use Variance: (Additionally, complete the attached question sheet entitled "Findings of Fact-Use Variance"). My wife and I are both Carmel Clay school teachers, and for the past 11 summers have given,pribate swimming instruction in the City of Carmel. we've established a very reputable program with wide ccumunity support. My wife and I have both been trained as WSI instructors through the Red Cross. Being 1 to continue lessons L our residential pool will allow us to continue that busine 9) Present zoning of the property(give exact classification): RI 4441 00. 10) Present use of the property: Residential. 11) Describe the proposed use of the property: Still residential with 8-9 weeks of private swimming instruction during early summer (9:00 a.m. to 12:30 p.m. only) 12) Is the property: Owner occupied X Renter occupied Other 13) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision rendered and pertinent explanation. No 14) Has work for which this application is being filed already started? If answer is yes, give details: Building Permit Number: N/A Builder: N/A We've been giving private swimming lessons in our home pool since 1988. 15) If proposed appeal is granted,when will the work commence? Lessons will be given for 9 weeks during summer (9:00 a.m. to 12:30 p.m. only) 16) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application has been filed? My wife (Linda L. Mylin) , myself (Timothy L. Mylin) and possibly one other _ qualified instructor part-time. • t xtiiI ' / 6 It was suggested by Mr. Klineman that the petitioner be given a recess to wor e Department on a formal request, thereby giving the Board an opportunity to hear the ne. - in the interim. DOCKET NO. V-34-93 TEMPORARILY RECESSED. • *9g. Docket No. UV-35-93 a Use Variance Application for Timothy L. and Linda L. Mylin and )1116' their property located at 19 Circle Drive, Carmel. Petitioners are requesting a use variance to allow the existing residence with an outdoor in-ground pool, to be used for private swimming lessons from 9:00 AM to 12:30 PM 8-9 weeks during the summer. The parcel is zoned R-1. Filed by E. Davis Coots, attorney for Timothy L. and Linda L. Mylin. Dave Coots, attorney, 255 East Carmel Drive, Carmel, appeared before the Board representing Timothy L. and Linda L. Mylin. Both Mr. and Mrs. Mylin are employed as teachers in the Carmel school system and during the summer, for 8 or 9 weeks, teach swimming in the pool located on their property at 19 Circle Drive. This past summer, an anonymous complaint was filed with the Department of Community Development and as a result, Rick Brandau visited the property and determined that the teaching of swimming in the Mylin pool was not a home occupation permitted within an R-1 zone classification and accordingly, a use application was filed which would be personal for Mr. & Mrs. Mylin, for purposes of using the pool as restricted. An aerial view of the site was presented as well as a map of the area. The Mylins purchased the property in 1985 and since that time, have increased the value of the property substantially. Mr. Coots presented a petition signed by a number of the neighbors to permit the continued use application. Mr. Coots also presented a statement from an F.C. Tucker real estate agent regarding the impact of the limited use variance application on adjacent properties and properties in the area. -The Mylins operate their program in one half hour segments, three students per class, and occasionally employ a third teacher. There are sufficient number of parking spaces in the drive to accommodate those persons present during each one half hour segment, however in the overlap period there have been cars parking along the roadside of Circle Drive; however these cars are at the end of Circle Drive and traffic flow is not impaired. Mr. Coots referred to a letter from the Department dated July 29 and questioned the necessity of certain items such as commitment to install sidewalks, and commercial curb cut to the property considering the limited use variance. Members of the public were invited to speak in favor of this Docket; the following appeared: Jim Mahoney, 26 Circle Drive, Cannel, stated that he has had no problems with traffic in the area and felt that the Mylins were doing a service to the community. Alice Cunningham, 20 Circle Drive, Carmel, stated that the Mylins were the greatest neighbors; there was never any noise, and Ms. Cunningham felt that the Mylins were doing a great thing in teaching children to swim. 13 (161 CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY, INDIANA BOARD OF ZONING APPEALS ACTION PETITION The undersigned execute this Petition in support the Use Variance Application requested by Timothy L. and LindaIt. ylin to permit them to give private swimming lessons in their b - pool during the hours of 9:00 a.m. to 12 :30 p.m. during the summ: �r•�hs understanding that the Use Variance will be personal to the and not run with the land. NAME ADDRESS _WHAZ, S4q\sh)W \L L-i Y,,, DA ,ek, 1. )..4), ? C-' Ce-i',/ .4 ' • :, 3f r2 7 ' .h):i• L-4''''' ( C(..- 11 1"I i' ( '-.) (4&.-.1;::- /1-j i e) 41"I.4vt� -1,'''' - '" h . _t • L.44,„, ,,,,,,,,,./ , ?-_ _..-L.„, -7., ..,...,/ .N., 6,4-d_.(,,,, iv-2',;) ,, l ,�, i C Q t l k C ';'t-t,1 :-1 ..7 C-, ( Z.CI 0 ?1 - i- Lik-A-1'(,• ,--CaLtili, i(-7 (/;J._,utzt.,, icLa.AL. " .Ltt.k.k. e l C e /bL6,44.,, d() 6 / A ric-t----)Z71---- Aiiii":"..i.:( --'6: (,)(-7'-'5)..L.,;_,_,..," ___ (\//'' ..c:.,t,,. .,...c ,. .‘ 71.,....,:.,,,,_\), ':---,s-- k.: ,.. o.e ',..' : 1 ..1._ )-.::\%. ,.. •.:* /, ',' `i:1ii.: ..emu ,:•:- ii _ . i. y''l it.c1C_ l e--- .r-s--t� 1 ,s f. ►oi1,cbi` - rvti ESE.-ei 9 e �, � v J o Cctic r m:edc/mylint.a/8141 pr Coy p John R. Molitor Attorney at Law. (317) 843-5511 9465 Counselors Row, Suite 200 Fax(317) 843-1543 Indianapolis,IN 46240-6150 • e-mail jmolitor@prodigy.net August 15, 2008 E. Davis Coots, Esq. Coots Henke& Wheeler 255 East Carmel Drive Carmel, IN 46032-2689 Re: Timothy and Linda Mylin Use Variance (UV-35-93): Your File No. 8141.001 Dear Dave: Thank you for your letter of August 13, 2008, confirming that the Mylins are co,toni.tted co abiding by the terms of the Variance as granted by the Boat.' of Zoning Appeals in 1993. In view of the issues that arose this season, the City's tail ar'd I believe that it will help to settle this matter if the Mylins execute a set of written Commitrn,?rits which formally obligates them to operate under the conditio s that were imposed by ;:;; BZA. 1 have attached a draft set of Commitments which, subject to your review, would be acceptable to the City. If your clients execute the Commitments before the next tried i..ng of the BZA (August 25, 2008, at 6:00 PM), then the staff and I will advise the Board members that no further action need be taken to resolve this matter. Please call if there are any questions. Sincerely, r , • , onn V t:. iolitor Counsel.to the Carmel Board of Zoning Appeals • cc: Mike Hollibaugh, Director Department of Community Services Commitments Concerning the Use and Development of Real Estate STATE OF INDIANA ) ) SS: COUNTY OF I-IAMILTON ) Pursuant to IC §36-7-4-921, Timothy L. Mylin and Linda L. Mylin (hereinafter, the "Owners") make the following Commitments to the Carmel Board of Zoning Appeals (hereinafter, the "Board"). Description of Real Estate: Legal Description: Lot No. 36 in Walter's Rolling Acres Subdivision. Property Address: 19 Circle Drive, Carmel, IN 46032 Tax Map Parcel No.: 16-09-24-04-02-001.000 Statement of Commitments: The Owners acknowledge that the Board granted them a Variance of Use on or about August 23, 1993, which allows them to utilize the Real Estate, in particular the outdoor swimming pool located on the Real Estate, to conduct private swimming lessons. As a condition of the Board's approval and in accordance with IC §36-7-4-918.5, the Owners commit that all lessons will be conducted between the hours of 9:00 AM and 12:30 PM, and during a period of not more than nine consecutive weeks each season between the dates of May 22 and August 15. The Owners further commit that they shall instruct all persons with whom they do business that they shall comply with all parking and traffic regulations of the City of Carmel. Binding Effect: These Commitments are binding on the Owners, each subsequent owner of the Real Estate, and each person acquiring an interest in the Real Estate, unless modified or terminated by the Board or its successor. Pir Recording: The undersigned authorizes the Director of the Department of Community Services to record these Commitments in the Office of the Recorder of Hamilton County, Indiana. Enforcement: The Owners hereby agree to comply with these Commitments, and acknowledge that, should they fail to comply with these Commitments, then the Board's approval of the Use Variance in connection with which these Commitments have been required, shall be null and void. These Commitments may be enforced by the Board or the Department of Community Services. IN WITNESS WHEREOF, the Owners have executed these Commitments this o25 day of August, 2008. TimothyL. M in Y z (1017 (L.1 Linda L. Mylin STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Timothy L. Mylin, Co-Trustee of the Timothy L. & Linda L. Mylin Revocable Trust, who acknowledged the execution of the foregoing Commitments Concerning the Use and Development of Real Estate, on behalf of the Timothy L. & Linda L. Mylin Revocable Trust. WITNESS my hand and Notaries Seal thiss Say of a :do , 2008. c (a_ee6 Notary Public My Commission Expires: tai-/ .Public„..‹, Printed Residing in , v2. unty. STATE OF INDIANA ) ) SS: COUNTY OF HAMILTON ) Before me, a Notary Public in and for said County and State, personally appeared Linda L. Mylin, Co-Trustee of the Timothy L. & Linda L. Mylin Revocable Trust, who acknowledged the execution of the foregoing Commitments Concerning the Use and Development of Real Estate, on behalf of the Timothy L. & Linda L. Mylin Revocable Trust. WITNESS my hand and Notaries Seal this,�2cday of -- , 2008. Notary Public My Commission Expires: Ze)r-r L. ;PPee // /�}/ Printed // z County. Residingin This instrument was prepared by: John R. Molitor, Attorney at Law, 9465 Counselors Row, Suite 200, Indianapolis, IN 46240; (317) 843-5511. I affirm under the penalties of perjury that I have taken reasonable care to redact each Social Security number in this document, unless they are required by law. John R. Molitor 4.- ) Cg$4,-/ Q'4�K , �sg- _ Cityof Carme DEPARTMENT OF COMMUNITY SERVICES aniAu. Division of Building and Code Services VIA CERTIFIED MAIL August 14, 2008 Timothy & Linda Mylin 19 Circle Dr Carmel, IN 46032 RE: VARIANCE VIOLATION Dear Mr. & Mrs. Mylin: This letter is being provided to inform you that it has recently been brought to the City's attention that the conditions of variance UV-35-93 for the operation of a swimming lessons business at 19 Circle Dr, a property listed under your ownership, continue to be violated even though we had sent you correspondence last year to bring this to your attention. You must either discontinue this business at your residence or adhere to the conditions of the variance approval from 1993. You do have the option of filing for a new variance to better fit the business as it is now. This, of course, would be a public hearing and your neighbors would be able to attend and voice their opinions on the business as it impacts their lives and their neighborhood. If you continue to violate any of the conditions of variance UV-35-93 after July 11, 2008, a citation will be issued for every day of violation. That will bring this matter into Carmel City Court and we will be asking the judge to levy the maximum daily fine of$5000 per day for these violations. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. Thank you for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File:00002213 Enclosure ONE CIVIC SQUARE CARMEL,INDIANA 46032 (317)571-2444 / \\ • wvsitrvx ti y�F! \` I City ot 1 1 ff w ; DEPARTMENT OF COMMUNITY SERVICES �NDIAN�/ Division of Building and Code Services August 14, 2008 Timothy & Linda Mylin 19 Circle Dr Carmel, IN 46032 Dear Mr. & Mrs. Mylin: I am writing this letter in order to document a conversation I recently had with your attorney, David Coots, and an agreement we reached regarding the swimming lessons violations occurring at your property at 19 Circle Dr and your neighbor's property at 36 Circle Dr. During our conversation Mr. Coots and I discussed the options available to you in gaining compliance. The options available to you are as follows: 1) operate within the restrictions of the approved variance 2) amend the approved variance 3) conduct the lessons at a commercial facility Since Mr. Coots informed me that he will be providing you counsel in your compliance endeavors I have agreed to give you an extension on the original deadline of July 11, 2008. You have the ability to finish out this swimming season without fear of further enforcement action from the City of Carmel. The season will be completed and the swimming lessons finished no later than August 15, 2008. If you have any questions feel free to contact me at your convenience. Sincerely, Kevin Brennan Code Enforcement Officer Cc: File: 00002213 Coots Henke £, J �vrWheeler VII ATTORNEYSAT LAW,P.C. August 13, 2008 E.DAVIS COOTS' JAMES K.WHEELER* JAY CURTS JAMFS D.CRUM John R. Molitor JEFFREI'S.ZIPES* 9465 Counselors Row, Suite 200 Indianapolis, IN 46240 ELIZABETH I.VAN TASSEL MATTHEW L.HINKLE RE: Timothy and Linda Mylin DANIEL E.COOTS T/T1 3 5-93 BRANDI A.GIBSON Our File No. 8141.001 .IIl.LIAN C.KE:ATINC. Dear John: CERTIFIED MEDIATOR As we discussed in our August 11, 2008, telephone conversation, this letter OF COUNSEL: is to inform you, the Department of Community Services and the Board of Zoning STEVEN H.HENKE Appeals that the Mylin Swim School operating at 19 Circle Drive, pursuant to the terms of a Use Variance granted by the Carmel Board of Zoning Appeals August 23, 1993 (UV-35-93), will conclude its seasonal operations on or before August 15, 2008. This is being done pursuant to the agreement reached with Kevin Brennan as contained in his July 15, 2008, letter addressed to the Mylins and the terms of the Variance permitting instruction to occur between the hours of 9:00 a.m. and 12:30 p.m. daily during the summer swim period. Should you,the Department or the BZA request additional information, please let me know. Very truly yours, COOTS, HENKE & WHEELER, P.C. E. Davis Coots EDC/jc cc: Mr. and Mrs. 'Timothy Mylin K:\EDC\MYLIN. TIMOTHY& LINDA.8141.001\MOLITORJA wpd 255 East Carmel Drive Carmel,Indiana 46032-2689 317-844-4693 FAX:317.573-5385 www.chwlaw.com 'rttif J� y City • of July 29, 1993 Timothy L. and Linda L. Mylin 19 Circle Drive Carmel, IN 46032 RE: Use Variance Application Dear Mr. and Mrs. Mylin: After reviewing the above referenced application I have the following comments: -Filing Fee of S250.00 needs to be paid. -Section 21.3 of the Carmel/Clay Zoning ordinance list the basic items of review by the Board when considering a special use application (see enclosed), subsequently we use this as a guide for the review of use variances as well. The application and plans submitted are need to address each item, either in writing or on revised plans. -Label the zoning(s) and zone district boundaries on the property. -Surrounding zoning and land use(s). -We would request the a sidewalk be installed or a commitment made to installing a sidewalk along Circle Drive when and if a sidewalk plans is ever developed for the area. All commitments must be in recordable form, recorded and a copy of the recorded commitment submitted to the Department prior to issuance of any Improvement Location Permits. -Access to public streets -- I would anticipate that a commercial curb cut permit will need to be requested and approval by the City of Cannel Board of Public Works and Safety, if that has not already occurred. If this has already occurred please provide a copy. -Per the zoning ordinance all parking spaces must be 180 square feet, either 9 X 20 or 10 X 18, we do allow a two foot overhang in certain circumstances, in any case please dimension the spaces show or dimension and label one space as a typical. -Need to add to site plan a parking summary--in chart or statement form identify the number of parking spaces required by ordinance and the number that is provided on site. -Need to identify location and dimensions of handicapped parking space(s). I am unsure how the new "ADA" standards impact your site, in any case we need to know your intentions. -Per the zoning ordinance all commercially used parking lots must be curbed and paved with a dust free surface, please provide a curb detail and label the perimeter of the parking area that have curbing. Additionally, please label, as was done with the rear parking area, the dust free surface proposed to be used for the parking area. ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2400 Page 2 of 2 Mylin Use Variance 7/29/93 -Need building elevations or if the structure will remain as it presently exist then picture will sufficient. -Need to add to site plan a site coverage summary--identify the square footage area of all buildings, structure and parking area and also the percent of site coverage. -Need to provide details and location of any fencing or screening and buffering proposed. -Are there any special and/or general easements for public or private use on or granted to this site? If yes, please identify on site plan and explain in a note. -Exterior lighting -- show on site plan existing and proposed light fixture and photometric data, please identify light locations and the 0.1 foot-candle limits of each fixture (due to your residential zoning there is a 0.1 ft./cd. limit the property lines. -Please identify all structures, of any kind, proposed in conjunction with the special use requested, and summarize the site coverage by building(s), parking area(s) and other structures. -Existing and proposed landscaping and tree masses. Need a legend or planting schedule that denotes the common name(s), planting and mature size(s) of all material. I would suggest photographs showing the existing plant material and site conditions. -Will there be any signage of any kind? If yes, identify location(s) and provide an elevation(s) and details. Realize all ground signs must be accompanied with a landscaped area around the sign at least equal to the sign area of the sign. -Protective restrictions and/or covenants? -Need to submit to this office at least ten days prior to hearing the following: -proof of publication (certifications from both newspapers) -the stamped white receipts from your adjacent property owners notification -a completed Petitioners Affidavit--notarized -For yours, the Board's and the public's conveniens, an overhead transparency projector and laser pointer will be available the night of the hearing, and we would appreciate it if arrangement are made to use these visual aids provided. If you have any questions feel free to contact me at 571-2444. Sincerely, Richard R. Brandau Department of Community Development enclosure cc: E. Davis Coots, 255 E. Carmel Dr., Carmel, 46032 file m:\bza\mylin001.uv F ou (�qr 3s l .�� .- ' City ©f Carme w�,,.,, ,,.....I June 29, 1993 Timothy L. and Linda L. Mylin 19 Circle Drive Carmel, IN 46032 RE: Existing Home Occupation RETURN RECEIPT CERTIFIED MAIL Dear Mr. and/or Mrs. Mylin: As you are aware, this office has received a complaint about swimming lessons being taught at your residence. By my own observation, coupled with my conversation with you about those lessons, we have determined that a violation exists of the current Home Occupation guidelines as set forth in the CarmeUClay Zoning Ordinance. The purpose of this letter is formally make you aware of the decision of this Department that you have established a Home Occupation that does not entirely comply with the aforementioned guidelines. Therefore you have 30 days to file an appeal of this decision with this department, cease the activity or file with this department for a use variance or rezone application. For your convenience, I have enclosed the appeal and use variance applications, the two alternatives we felt you would most likely pursue. The deadline for the Use Variance application to be completed and filed with this department is July 9, 1993. If by that date the use variance is not filed nor is the appeal application filed within 30 days of this decision, we will be left with no alternative but to pursue this situation as a violation if the activity continues. I am hopeful and optimistic that you will continue to be as cooperative as have been, so we may resolve this situation in a timely and non-confrontational manner. I will be out of the office until July 19th, so I have made Mr. Terry Jones aware of this situation if you have any questions during my absence. If we may be of any assistance feel free to contact this office at 571-2444. Sincerely, v Richard R. Brandau Department of Community Development cc: Terry Jones, DOCD file ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571.2400