HomeMy WebLinkAboutRemonstrance Letters submitted for UV-35-93 To: Connie Tingley
Board of Zoning Appeals RECEIVED
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From: Circle Drive Residents DOES
Subj: Use Variance UV-35-93 g 44
Enclosed are remonstrance letters that we would like to be included in the
packet for the August 25, 2008 BZA meeting. We understand that Use
Variance UV-35-93 may be discussed at this meeting and the enclosed
letters serve to present our opinions regarding this variance.
Andrea Kester 844-0137/902-6516
Alice Craig 848-2369/607-0880
cc: Laura Rouse-DeVore
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Alice A. Craig
RECEIVED
22 Circle Drive * Carmel, IN 46032 (�
DOGS
September 2, 2008
To Members of Carmel Board of Zoning Appeals,
Only today was I given the ability to read the promissory letter from the Mylins which is in no way
consistent with the original variance requirements.This letter greatly increases the Mylin's ability to
teach longer weeks in the summer and to allow subsequent owners the ability to continue this
business in our residential neighborhood.
In addition to that promissory letter, an email from Mr. Stephen Backer, a member of the Carmel
School Board, a parent of a former student of mine,(I have been a Carmel Clay teacher for twenty
three years) and a former employer of my oldest daughter, (she was a nanny for Mr. Backer's oldest
children)was included for support of the Mylin's teaching. He states that over the years the program
has expanded to 4:00P.M.Actually, it is later than that and shows that not only us, but someone who
supports them realizes that the Mylins have disregarded their variance terms.
As to parking, I am sure Mr. Backer does not spend his summer in our neighborhood so how could he
know if the parents observe the speed limit or park legally. Only just this summer have we, the
neighbors finally called on the police to come and regulate the parking, (see enclosed pictures) and
then it was only for the few minutes that they were present did the parking improve. As soon as the
police were gone it was back to the same. For years the Mylins have used ugly orange construction
cones left out 24/7 to show their "clients"where to park. Orange cones were in front of the fire
hydrant. (See picture.)This is not a new problem. We have pictures dating back to 2001.
As for being respectful of the neighbors, I do not know if Mr. Backer is talking about the parents or the
Mylins, but neither have been respectful. We were told by parents, "I don't care"when we tried to
tell them lessons were not supposed to start at 8:00. In fact,the Mylins and Mylin's children,who
teach right along side their parents, have yelled and ridiculed the neighbors, in front of their students
and parents. Mr. Backer seems to think this is a vendetta by one neighbor. All five adjacent neighbors
to the Mylin's and two other further away have signed the letters of complaints to the city and all five
adjacent neighbors sat until the end of the BZA meeting on August 25th, for the chance to bring this
problem to the boards attention.
If not teaching these lessons is to be so devastating to the Mylins, might I suggest they find a better
location so as to greatly increase their ability to make money. Mr. Backer's last statement was to
consider visiting the Mylins to see firsthand how their program operates. I WISH YOU COULD HAVE,
TO SEE HOW DETRIMENTAL IT IS TO OUR NEIGHBORHOOD.
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1 June&July. 2008
Date: August 13, 2008
To: Members of the Cannel Board of Zoning Appeals
From: Circle Drive Residents
Subj: Use Variance UV-35-93 in place for 19 Circle Drive
As residents of Circle Drive, we are submitting this letter to voice our opinions,regarding the
Use Variance in effect for Tim&Linda Mylin for 19 Circle Drive. Our position is that we have
already experienced the problems that come with expansion of the Mylin's home business and a
new variance which would include longer hours, additional weeks of operation and more
instructors and students per half hour business session should be opposed. Furthermore, based
upon how the Mylins have continued to operate in non-compliance with the conditions of their
existing variance,we feel the existing variance UV-35-93 should be revoked.
Tim&Linda Mylin have continuously demonstrated over and over again that they have no
intention of abiding by the conditions of their variance, even though the variance conditions are
exactly as they themselves requested in their variance application.
For years, Tim& Linda Mylin have reneged on their promises to us,their Circle Drive
neighbors, as it relates to their business and therefore the Mylins have brought severely negative
impacts into our neighborhood. As witnessed by us on a daily basis,their variance conditions
and their infractions to those conditions are as follows.
Variance Condition Variance Infraction
Hours of swimming lessons are to be from Lessons have been conducted 7 days of the
9:00 AM to 12:30 PM only(This is stated week from 8:00 AM until as late as 5:00
3 times on their variance application.) PM
Length of time is to be 8-9 weeks during Lessons in past years began in May and ran
early summer months through June, July, August and September
(Approximately 16 weeks)
Only Linda and Tim Mylin and possibly The Mylins have employed 2 or more
one other qualified instructor part-time, additional instructors and have Linda and
would be operating and/or using the Tim Mylin teaching at the same time for a
proposed improvement for which the total of 4 or more instructors during each
application was filed. half hour session.
Lessons are to be in one half-hour classes With 4 or more instructors the Mylins have
with 3 students per class 4 or more students per half-hour session,
which more than doubles the amount of
noise,traffic flow and parking congestion.
There are a sufficient number of parking 6— 10 cars are parked in the street at any
spaces in the drive (19 Circle Drive)to given times.
accommodate those (3)persons present
during each one half hour segment.
By surpassing the conditions of their variance,the Mylins have caused the following negative
impacts to our neighborhood:
• Increased traffic flow every half-hour into a small residential community,which has no
sidewalks, whose residential foot traffic takes place in the street.
• Unsafe parking on a blind curve in the road. Passing traffic must proceed in the wrong lane to
pass by parked cars.
• Emergency vehicles and other vehicles normal to a residential street, such as trash trucks and
delivery trucks are unable to maneuver through the street because of parking congestion.
• Business clients of the Mylins speed on the street disregarding the 25-MPH speed limit.
• Vehicles are parked illegally facing the wrong way on the street.
• Parked vehicles block access to a fire hydrant.
• Adjacent property neighbors are unable to enter and exit their own driveways because of
parked vehicles.
• The noise level from both pool areas is each, well above that of the normal use of a home
swimming pool. The noise coming from the pool at 19 Circle Drive can be plainly heard on
the Monon Trail.
• Adjacent property owners have experienced property damage caused by people frequenting
the business.
• Clients of this business discard litter in the neighborhood.
• Business clients, entering and exiting the Circle constantly use neighbors' driveways for
turn-a rounds.
The Mylins never discussed with any of their neighbors whether it would create problems for the
neighborhood if they taught swimming lessons at 8:00 AM or beyond 12:30 PM, or if they
extended their number of weeks or increased their number of instructors& students per half hour
sessions. They just continued to grow their business beyond the conditions of their variance with
no regard for the effect these actions would have on other residences in their neighborhood. In
2008, the Mylins even expanded their business to a second residential swimming pool in the
neighborhood, whose property owners did not have a use variance to conduct a business in a
residential neighborhood.
The Mylins have continuously ignored all warnings that served to bring their variance infractions
to their attention. Because of neighborhood complaints, Cannel Code Enforcement sent multiple
warning letters to the Mylins over several years. On Sunday, June 29, 2008, Bob &Andrea
Kester(24 Circle Drive) spoke with Tim & Linda Mylin and calmly and politely explained to the
Mylins that all the Circle Drive neighbors were asking of the Mylins, is that they abide by the
conditions of their variance. The police have made multiple stops at the Mylins property and
warned them about the parking conditions in the street and in front of the fire hydrant. In spite of
these attempts to get the Mylins to comply with the conditions of their variance, Tim & Linda
Mylin continue to operate their business in excess of every variance condition.
We ask the Board of Zoning Appeals to revoke/overturn Use Variance UV-35-93 because of the
obvious disregard the Mylins have shown for Cannel Residential Zoning Laws. We also feel the
existing variance should be revoked because the way Tim&Linda Mylin have operated their
business totally surpasses what our residential area can support. This type of business needs to be
in an area that provides safe and secure off-street parking and which utilizes facilities that buffer
the noise and congestion from residential properties.
Sincerely,
(See attached List)
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Alice Cunningham
20 Circle Drive • Carmel, IN 46032
Jay B. and Alice A. Craig
22 Circle Drive • Carmel, IN 46032
August 13, 2008
To Members of Carmel Board of Zoning Appeals,
It is with regret that we write this letter to describe why we, neighbors directly across from the Mylin's
swimming pool, feel we are compelled to request the revocation of the Variance that we supported in
August, 1993.
At that time, the Mylins requested that they be allowed to teach no more than 21 students during the
morning hours for 8 to 9 weeks. Our presumption was that lessons would be during the week, and
they would accommodate parking in their driveway.
We learned their summer activity would quickly evolve to become a business, and their success in
growth evolved into an attitude that included no intention for limiting the number of teachers, students
and/or parking, and lessons would be given seven days a week from the end of May through early
September. By 2001 we became so disgusted that we started taking photos of the parking in front of
our driveway as "ft '
illustrated to the
right. Not only do
they feel no regret in _
completely blocking • Ali
R
half of the street, we _- .-
have repeatedly
been forced to go , ® doh. "
into the Mylin's pool
area to request
clients move their
cars so we can
leave our homes,
Although we have expressed our complaints, always in private, we have tried to be good neighbors
and have not complained to the city, until this year when they expanded their lessons to another pool
located two/three doors from us. This greatly increased the traffic and added exponentially to the
noise. Additionally, please note that this home/pool was constructed after the Mylins were granted the
variance for using their pool, and in 1993, we could not have anticipated this possibility occurring.
When our feelings were relayed to the Mylins that this escalation was beyond tolerance, their
response has been that they are doing a service to Carmel and we must accept it. We believe this is
no more a service to Carmel than any other business, and this is expressly why cities require property
owners to limit activities to be appropriate to the residential area.
We appreciate the assistance that the City of Carmel is providing us, and urgently request that the
Variance be revoked.
Page 1 of 2
Holmes, Christine B
From: Hollibaugh, Mike P
Sent: Friday, July 18, 2008 11:03 AM
To: Stephen A. Backer
Cc: Brainard, James C; Holmes, Christine B
Subject: RE: Mylin Variance
Mr. Backer:
Thank you for writing. I will see that your email is shared with the Board of Zoning Appeals, who will hear and act
on, the Mylin's variance petition.
The Department's role is to review the petition, perform research and factfinding, and ultimately provide the Board
with a report and recommendation for action.
It is feedback like yours that is very helpful, by providing us with a better understanding of the context for the
request, and sheds light on details which assist with the Department's analysis and recommendation.
Mike Hollibaugh
Ph. 571 2422
From: Stephen A. Backer [mailto:SABacker@BackerLaw.com]
Sent: Thursday, July 17, 2008 6:44 PM
To: Hollibaugh, Mike P
Cc: Brainard, James C
Subject: Mylin Variance
Importance: High
Mike; it is my understanding that Tim and Linda Mylin will be filing a petition for variance of use for their
residence at 19 Circle Drive to permit the extension of the hours in which they are permitted to conduct
individual swimming lessons in their in-ground swimming pool. Currently under the terms of an existing 1993
variance the Mylins are permitted to conduct swim lessons from approximately 9am to 12:30pm each day. Over
the years that program has been so successful that the time has expanded to 4:00pm. All lessons are given
individually with 3-4 lessons conducted at any one time over a 30-60 minute period. A large number of Carmel
residents have availed themselves of the program. It is considered the finest program in Carmel. I have had
three children become great swimmers thanks to Tim and Linda.
For over 15 years, the Mylins have been vigilant in requiring the parents to park their cars only on the Mylin's
property and to observe the neighborhood speed limits. Additionally,they have been very respectful of the
neighbors and neighborhood . This summer, one of the neighbors has been on a vendetta to stop the swim
lessons and restrict them if at all to the initial morning hours.The result would be devastating to the Mylins,
who supplement their teacher's salaries with the swimming revenue and to the numerous children who would
be deprived of swimming lessons. Tim teaches at the High School and Linda at Cherry Tree.
May I respectfully request that you grant the Mylin's request for variance when the petition is filed. You might
consider visiting the Mylins to see firsthand how their program operates. It is very unobtrusive to the
neighborhood. Thank you for your consideration. SAB
8/14/2008
Page 2 of 2
Stephen A. Backer
Backer& Backer, P.C.
210 E. 91st Street Suite A
Indianapolis, Indiana 46240
317-571-0500
Fax: 317-571-0700
8/14/2008