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HomeMy WebLinkAboutHistory at 19 Circle Drive UV 3 (Tim & Linda Mylin) �►'5-93 Variance History 19 Circle Drive2 �,• �oni �' . 1988— 1993 Mylins conducted swimming lesson business at residential address 19 Circle Drive ' ok RE: l `• June—July, 1993 Multiple complaints were filed with Code Enforcement (Exhibits 1,2&3) St `3 2008 July 8, 1993 � Mylins applied for a Use Variance DOC (Exhibit 4 pages 1 &2) August 23, 1993 •' v Department of Community Development recommends denial of Use Variance (Ex •E`7 Carmel "The adjacent property owner's concerns are valid and need to be addressed. DOCD recommends denial due to a lack of cooperativeness on behalf of the petitioner. DOCD could have cited the petitioner directly into court however choose to work with the petitioners ..." Fall, 1993 The Mylins were granted a personal Use Variance for 19 Circle Drive to conduct a business according to specific restrictions (Exhibit 6) Variance Restriction Variance Infraction Hours of swimming lessons are to be from 9:00 AM Lessons have been conducted everyday of the week to 12:30 PM only from 8:00 AM until 5:00 PM Length of time is to be 8-9 weeks during early Lessons begin in May and run through June,July, summer months August and September (Approximately 16 weeks) Only Linda and Tim Mylin and possibly one other The Mylins have employed 2 or more instructors qualified instructor part-time, would be operating and have Linda and Tim teaching at the same time and/or using the proposed improvement for which for a total of 4 or more instructors during each the application was filed. Lessons are to be in one half-hour classes with 3 With 4 or more instructors the Mylins have 4 or students per class more students per half-hour session There are a sufficient number of parking spaces in 6— 10 cars are parked in the street at any given the drive(19 Circle Drive)to accommodate those times. (3)persons present during each one half hour segment. 1993—2007 The Mylins continuously operate business in non-compliance with variance restrictions August 31,2007 Neighborhood complaints filed with Code Enforcement and Mylins receive warning letter (Exhibit 7 Pages 1 &2) March 1,2008 At a neighborhood function,Linda Mylin stated to Andrea Kester,"Someone is trying to shut down our swimming lessons. We will only be teaching until noon. I don't know what the big deal is, it's only 10 weeks." May,2008 Mylins commence business at 19 Circle Drive operating in non-compliance with all variance restrictions June 23,2008 Mylins expand same business to 36 Circle Drive without use variance for this property June 26,2008 Neighborhood letter of concern delivered to Code Enforcement advising of non-compliance with Use Variance UV-35-93 (Exhibit 8 Pages 1 &2) July 5,2008 Letters of warning received at 19 Circle Drive and 36 Circle Drive giving them until July l 1,2008 to stop business at 36 Circle Drive and comply with variance conditions at 19 Circle Drive (Exhibits 9& 10) July 5—July 16,2008 Kevin Brennan from Code Enforcement(verbally?)grants the Mylins until August 15,2008 to continue operating business without change to their present operation at both 19 and 36 Circle Drive July 16,2008 Tim Mylin informs Andrea Kester that he has full clearance to conduct his business,as is,at both addresses until Labor Day(September 1,2008) Negative Impacts of UV-35-93 to Circle Drive 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 blind curve in the road. Passing traffic must proceed in wrong lane to pass by parked cars. • Emergency vehicles and other vehicles normal to a residential street, such as trash trucks and delivery trucks have to drive off the road onto adjacent properties in order to maneuver through the street because of parking congestion. • Business clients 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 each pool area is well above that of the normal use of a home swimming pool. • 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. • * * See accompanying: Pictures CD of swimming lessons in progress(typical lesson can be heard starting at 2 to 4 minutes into CD) Rolling Acres Plot map indicating noise projection DVD of parking congestion Circle Drive Neighborhood Expectations 1. The business being operated at 36 Circle Drive be immediately discontinued. 2. All restrictions of the Use Variance UV-35-93, in effect for 19 Circle Drive, be immediately enforced, which includes Friday, July 25, 2008 being the end of the 8—9 week timeframe stipulated in the UV-35-93 Use Variance. ,'xAr16 , T .j File Fdit Database Record Program Window DEPARTMENT of COMMUNITY DEVELOPMENT Complaint Form 0,41 ": Date Filed: 06/09/93 RECORD NUMBER Type of Complaint: CONDUCTING BUSINESS OUT OF HOME. Property owners have a pool and are conducting swimming lessons there all day long. 6 - 8 hours a day, approximately 10 students. Name of Violator: M/M Mylan Address: 19 Circle Drive Phone: Comments: Person filing this complaint says that none of this meets the Home Occupation Ordinance - 1. more than on pupil, 2 . they have people outside of their home employed Name of Filer: Anonymous Command Address : 0 Phone: Comments : 3 . the business does not t within the dwelling. Would like somet ASAP, the filer tried to have a home o File Edit Database Record Program Window General Notes : and was not allowed due to the ordinance. Department of Origin: DOCD Call Returned: / / First Letter: / / Second Letter: / / Third Letter: / / Command Further Action: dep EgAiiir C' July 13 , 1993 MEMO TO: DAWN PATTYN RE : Mylan Residence, 19 Circle Drive Walters Rolling Acres A gentleman called this afternoon regarding the above property and voiced his objections to swimming classes being given at the above location. The caller did not want to identify himself . 0/,27,0„ R mona Hancock Plan Commission j&k, mit ano-nr.t5 • ak 78;z/ � hum a v • A et' knot -A-1-01 ,u)/ /41--t- Abu_ (10t1 July 14, 1993 MEMO TO: DAWN PATTYN RE: Mylan Residence, 19 Circle Drive Walters Rolling Acres A gentleman called the Plan Commission office today ( 10 :00 AM) complaining about swimming lessons being given at 19 Circle Drive. Objection of traffic in and out of street in residential neighborhood and also objecting to a business being conducted in a residential area. The caller declined to give his name. amona Hancock XJiib / / Y ,9,46e.J • CITY OF CARMEL/CLAY TOWNSHIP • HAMILTON COUNTY. INDIANA 44' ���1111,,, ll; APPLICATION FOR BOARD OF ZONING APPEALS ACTION �4i ( '4 'f:] T � Do a USE VARIANCE FEE: $250.00 DOCKET NO. di/ / DATE RECEIVED: ji.:11r01/100 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: cnnms NFNKF. & WHPPT,FR PHONE: (317) 844-46_93 255 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. 34 3 Page: 8 4 0 Purchase date: July, 198 4 6) Common address of the property involved: 19 Cir c 1 P Dr_ . ('a rmP 1 , TN 46 032 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 durin. .- er 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. i 7` y PAj e 02 2 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 Cannel. We've established a very reputable program with wide community support. My wife and I have both been trained as WSI instructors through the Red Cross. Being 1 to continue lessons is our residential pool will allow us to continue that basin 9) Present zoning of the property(give exact classification): RI A Lk 1 0) 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 swinminq 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 sunnier (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? r wife (Linda L. Mylin) , myself (Timothy L Mylin) and possibly care other qualified instructor part-time. £xh,bif s Page 2 of 2 Staff Report (UV) Continued PROJECT NAME: Mylin Use Variance DOCKET NUMBERS: UV-35-93 EXISTING AND PROPOSED EASEMENTS, COVENANTS OR COMMITMENTS (RE' .DED OR PERSONAL): As of the drafting date of this report, none of the requested documentation has been filed. TAC COMMENTS: None PUBLIC COMMENTS: DOCD has received several complaints with regard to this situation, however they have consistently been filed anonymously. Another neighbor did call in, not to complain, but to express his view. He feel that Cannel offers adequate facilities for the teaching of swimming lessons and that this type use and encroachment into a residential area is not warranted. PLANS (Site, Landscape, Lighting, Signage, Elevations): -As of the drafting date of this report, none of the requested documentation has been filed, however we do not believe that there are any changes planned or proposed from how the site exist presently. NOTICES: Newspapers: Noblesville Ledger: 'Proof has not been provided Carmel News Tribune: Proof has not been provided Surrounding Property Owners: Nothing has been provided as of the drafting date of this report 'N ;'�,+'- �c`e STAFF COMMENTS/RECOMMENDATION: -DOCD questions the appropriateness of the procedure in which the petitioner has chosen to follow. The adjacent property owner's concerns are valid and need to be addressed. DOCD recommends denial due to the lack of cooperativeness on behalf of the petitioner. DOCD could have cited the petitioner directly into court, however choose to attempt to work with the petitioners and allow them time to apply for this use variance. 2 cSi�v .,\E t\ l.v m:\reports\uv-35-93.001 Revised 8/10/93 STAFF REPORT FOR AN USE VARIANCE APPLICATION CARMEL DEPARTMENT OF COMMUNITY DEVELOPMENT MEETING DATE: August 23, 1993 00111% PROJECT NAME: Mylin Use Variance A DOCKET NUMBERS: UV-35-93 elm APPLICANT/CONTACT: Timothy L. and Linda L. Mylin LOCATION: 19 Circle Drive, Carmel ZONING: R-1 PARCEL AND PROJECT SIZE: Lot Sizes (range): Information Not Provided CURRENT LAND-USE SUBJECT PROPERTY: Single family residence with an in-ground swimming pool CURRENT LAND-USE ADJACENT PROPERTIES: North: Single Family Residences South: Single Family Residences East: Single Family Residences West: Single Family Residences COMPREHENSIVE PLAN ANALYSIS: Medium Density Residential Area THOROUGHFARE PLAN ANALYSIS: -"Local" Residential Street EXISTING TRAFFIC CONDITIONS: -There are number of cars parking on both sides of the street when lessons are being taught. Said parking was the primary focus of the initial complaint filed with DOCD. TRAFFIC IMPACT: Unknown UTILIII..ES & STORM WATER MANAGEMENT: Unchanged SITE VIOLATIONS: Existing use (swimming lessons) dose not comply with the Home Occupation guidelines, therefore is in violation of the current zoning ordinance. (-12..\ EvLhitG It was suggested by Mr. Klineman that the petitioner be given a recess to worT e Department on a formal request, thereby giving the Board an opportunity to hear the ne. e in the interim. DOCKET NO. V-34-93 TEMPORARILY RECESSED. 19g. Docket No. UV-35-93 a Use Variance Application for Timothy L. and Linda L. Mylin anc11°)11. their property located at 19 Circle Drive, Cannel. 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 Cannel Drive, Cannel, appeared before the Board representing Timothy L. and Linda L. Mylin. Both Mr. and Mrs. Mylin are employed as teachers in the Cannel 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. AC 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 ExhrLrT 7 $A,se ..Z of GAq 7 t. c..> RT P 3s k y (7) (. • A lbw oa iv:lea DEPARTMENT OF COMMUNITY SERVICES j Division of Building and Code Services VIA CERTIFIED MAIL August 31, 2007 c� Timothy and Linda Mylin t REM" 19 Circle Drive Carmel, IN 46032 • RE: USE VARIANCE INFORMATION Dear Mr. and Ms. Mylin: This letter is being provided to inform you that our department has recently received some concerns regarding 19 Circle Drive, in Clay Township, a property listed under your ownership. The concerns were relating to adherance to conditions relating to the approval of docket number UV-35-93 Use Variance. The approval of UV-35-93 allowed private swimming lessons to be conducted on the property at 19 Circle Drive during the hours of 9:00am and 12:30pm for 8-9 weeks during the summer. Concern has been expressed that the hours of operation of the home occupation have been extended into the afternoon hours. If that is the case, it would be contrary to the approval granted by the Carmel Board of Zoning Appeals on August 23, 1993. Please take note of the conditions of the variance approval and ensure that your home occupation is functioning within the conditions set upon approval of Use Variance docket number UV-35-93. Failure to abide by the conditions of the Variance approval will result in additional enforcement action. Please feel free to contact me at (317) 571-2476 if you have any comments or questions. Thank you for your cooperation. Respectfully, Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File: 00001285 ONE CIVIC SQUARE CARMEL,INDIANA 46032 317/571-2417 Hamilton Co., IN - Oniine Reports Page 1 of 1 EXItIkt t 'J PAje c2. Online Sr: Official government site of Hamilton Count i; t Parcel Information Report 1.report type 2.property search 3.view reports I new search `-�" -- — Reset �� general parcel info. III spring tax statement (� tax payments property card fall tax statement Disclaimer: the information available through this program is current as of 7/31/2007. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the informatio different reports may not match,All information has been derived from public records that are constantly undergoing change and is not warranted for accuracy. It may not reflect the current information pertaining to the property of interest. P,arcei wo: '15-C9-'24-04-02-001.0000 19O6--) D / Property Address: Deeded Owner:Mylin,Timothy L&Linda L Trustees of Timothy 19 Circle Dr L&Linda L Mylin Revocable Trust Carmel,IN 46032 Owner Address: 19 Circle Dr CARMEL, IN 46032 Legal Description: WALTER'S ROLLING AC 135.0 X 125.8 IRR AUD 7/3/84 343-840 Section/Township/Range: 24/18/03 Subdivision Name:WALTER'S ROLLING AC Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): 36 Most Recent Recorded Date: 10/5/2004 (Recorded Date might be due to a variety of changes; such as annexation, right-of-way,split,or deed.) This application is developed and maintained by the Information System Services Department. If you have any questions or comments,please contact t ©2005 Hamilton Co. U.S. Postal S.ervicev,., rU CERTIFIED MAIL, RECEIPT un (Domestic Mail Only;No Insurance Coverage Provided) ons of Use I Privacy Policy I Site Map I Technical Help I HOME Cr FordeliYej IntgrmAtion visit ourwe6ota,aYwww.uspscomo • on County, Indiana all rights reserved. r-1 Postage l$ Cei•.itied Fee 2 .1.0 Postmark p Return Receipt Fee Here (Endorsement Required) O Restricted Delivery Fee r9 (Endorsement Required) jj.7{ Total Postao^° �^-^ Ln sent To Timothy and Linda Mylin f` 5`treet,Apt.N 19 Circle Drive or PO Box Nc Carmel, IN 46032 c;ry,ware,z: 00001285 PSt=4. ..0., ^..•. - :sue- =- Y 1 `tv � http://www.co.hamilton.in.us/apps/reports/rptparcelinfo.asp?sparcelno=1609240402001000... 8/6/2007 Date: June 25, 2008 6X A 1 L, T OAS e -.1 To: Kevin Brennen Building& Code Enforcement City of Carmel One Civic Square Cannel, IN 46032 From: Circle Drive Residents, Cannel, IN Re: Residential Variance 8/23/1993 Docket# UV-35-93 We, the attached listed residents of Circle Drive, are submitting this letter to re ue information on what recourse we have to request that the variance given Tim Linda q st & Mylin for 19 Circle Drive be revoked. The variance was issued in 1993 to conduct swim lessons for 8 to 9 weeks during summer months, between the hours of 9:00 AM d an 12:30 PM. and The swimming lesson activities have escalated to the point of creating a nuisance in the neighborhood and affect the safety and welfare of the other Circle Drive resident s. Following is a list of our concerns that occur on a daily basis: • Lessons have been conducted as late as 5:00 PM weekdays and on Saturdays. • People, arrivingfor swim lessons, Y park in front of the fire hydrant and block it's access. • At given times, there are more than 10 vehicles parked on the street creating congestion whereby neighbors cannot get out of their own driveways, and large vehicles,normal to a residential street, such as fire trucks, ambulances, trash trucks and delivery trucks have a difficult time navigating the street. • People attending the swim lessons do not comply with the 25 MPH speed the street. limit o n • Immediate neighbors to 19 Circle Drive have experienced property damage during swim lesson hours. g • Due to children screaming in the pool and adult instructors yelling over the children's screaming, the noise levels are well beyond the acceptable limit for a residential area. Beginning the week of June 23, 2008, it appears that the Mylins are not only swimming lessons at 19 Circle Drive, but are also conducting swimminglessonsn across s the street at 36 Circle Drive, which is the home of Gerald Conner, assumption across based upon the pedestrian traffic between the two addresses and additional This is additional lessons are being taught at 36 Circle Drive, this is not provided fore in des. If variance and we fear that this will double the problems that we are already e the on Circle Drive. experiencing Please advise, as to what our course of action should be. Ex h,13'7` 8' p,4 j e 02 Name Address Telephone Number Si ature ,8vb ' ,4A)detA /6/lee/� %�2 /4 o/.3 7 er,,,,y ,.//(Esf-EI / , ' .iigti c j C._1(4 � / 7 G/C CU pn_ f 4O 17 l( �21 V-- 9,, CA--C C u/v/t)/ A444 aO (/AI ) . ?6/V /o 0 19__ ; ? (:ivrc,QQDi, IDS5 AL S /11 1444 igo.V4 _ 3y ca►2CL Df.i ?J S f 0 Y q/ I. .- .‘;_ti,h,L0,_ pic,st. ;,.,L3L, :" 'D,e,,u(z ...0__ .›, , -:6 q ti,--toceD i ---k „h —N\ ,�t Additional Comments: of CA/1-, �' �tia'tiE: f��rF! t. City of arme 1 •[ I 4 / DEPARTMENT MEN'l' OF COMMUNITY SERVICES (IVDIAN •' Division of Building and Code Services VIA CERTIFIED MAIL July 3, 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 ExhIh 7 Io c,�� OF CAq�I F\ City of I . .. I �+�o a o � \ % D) PAR"I MI NI OF COMMUNITY SERVICES !NDIAN .� Division of Building and Code Services VIA CERTIFIED MAIL July 3, 2008 Gerald & Linda Conner 36 Circle Dr Carmel, IN 46032 RE: USE VIOLATION Dear Mr. & Mrs. Conner: This letter is being provided to inform you that it has recently been brought to the City's attention that you are operating a swimming lessons business at 36 Circle Dr., a property listed under your ownership. This business is not a permitted use to be operated from residentially zoned property and requires the approval of the Board of Zoning Appeals. Please cease this business operation by July 11, 2008. You may proceed with filing the required paperwork for a variance hearing after the business has been stopped. Information on filing for a variance can be obtained by calling the Planning and Zoning Office at 571-2417. Failure to comply will result in further enforcement action. 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: 00002214 ONE CIVIC SQUARE CARIVIEL,INDIANA 46032 (317) 571-2444 084 Date: September 2 2008 To: Connie Tingley • � Board of Zoning Appeals —4"111‘ $rP-,� From: Andrea & Bob Kester ti Subj: Use Variance UV-35-93 P.' Enclosed are two letters from Circle Drive neighbors that we would like to be included in the Board of Zoning Appeals Member packet for the September 9, 2008 BZA Executive Meeting. Andrea& Bob Kester 844-0137/902-6516 cc: Laura Rouse-DeVore Mayor James Brainard Mike Hollibaugh • . • . • • • .. • • . • . . . • • . • ' . • , . . . . . . . . • . . , , . , •• . • 4 , 4. 4. ,. • . . . . • • . • • • • • 4 *4, Date: September 2, 2008 / REC avED To: Cannel Board of Zoning Appeals 40 SE From: Andrea and Bob Kester -3 2008 DpCS Subj: September 9, 2008 Executive Meeting Concerning Use Variance UV-35-93 O Today, September 2, 2008, we received notification from Cannel 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 CarmeUClay 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 CarmeUClay 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 Cannel 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 Cannel and Circle Drive neighbors surrounding Use Variance UV- 35-93. Sincerely, Andrea& Bob Kester 24 Circle Drive C�� Exhibit y /0 E ..7 CITY OF CARMEL/CLAY TOWNSHIP HAMILTON COUNTY. INDIANA e 4� I+ `fJ A APPLICATION FOR BOARD OF ZONING APPEALS ACTION 247 .r4 11`f:L USE VARIANCE FEE: $250.00 417 CIA % DOCKET NO. l�� , 3 DATE RECEIVED: jo.*WM" 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: mnTS HF.NKR WHRRT.FR 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. 3 4 3 Page: 8 4 0 Purchase date: July, 1984 6) Common address of the property involved: 19 Cir c 1 P n r_ , r'a rmP 1 , TN 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 during.J-he slimmer 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. EX At irVPAC, ' a 2 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 Camel. We've established a very reputable program with wide catmunity support. My wife and I have both been trained as WSI instructors through the Red Cross. Being 1 to continue lessons i our residential pool will allow us to continue that busine 9) Present zoning of the property(give exact classification): Ri 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 Parly 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 swirrtninq 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. Exti : 4zT It was suggested by Mr. Klineman that the petitioner be given a recess to wor' d• 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. •)1111116 (9g. Docket No. UV-35-93 a Use Variance Application for Timothy L. and Linda L. Mylin and. 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, Cannel, 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 roarkide 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 CITY OF CARMEL/CLAY TOWNSHIP (030 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 Linda . ylin to permit them to give private swimming lessons in their ba • pool during the hours of 9:00 a.m. to 12 : 30 p.m. during the summ: IF • the understanding that the Use Variance will be personal to the it , and not run with the land. NAME ADDRESS c VZ, VA , . i t C4, 21,C-L,? 1 )4/, �I J" }, / `7�/4.-c k-- �� 4' LiL LIA_..it:. (.1 kc.",-014-eicri: 7;. 1...4.-Z, 5 €2•)-;_‘/0,i1 , `f : .4,- ,.l�C^._ '/ M /R,, i--7,.,),_ N.) C �tt- ../fi .',;( 'i_}, ,I {yi ,i L., 724L .!,c�U i �! /.L flu i �u -. I k._.6:_4_ (1.40 , l C (L4'Lc. A-6,-c. c 6 hi tt luc-t/,- /St----20" 6 ) I r1 - /7 '7 L1 hmil. )6 b i a,L. -,` - 1 iri It kr 6 e i` 1 el-4Q d Lk; N :,6 A, , . -,r- ,: L -' \: ( ,,! k ‘L .r . 4c2,2-, Q m:edc/myli?it.a/8141 Alice A. Craig 22 Circle Drive * Carmel, IN 46032 • RECEIVED Tit September 2, 2008 ItC SE-3 2008 To Members of Carmel Board of Zoning Appeals, DOGS /` 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. 64, ;1