HomeMy WebLinkAboutCorrespondence
"
u
,:,u,
COUNTY OF HAMIL TON )
)SS:
STATE OF INDIANA )
BEFORE THE CARMEL / CLAY
BOARD OF ZONING APPEALS
DOCKET NO: UV -52-01
MAJESTIC RESIDENCE, INC., )
)
Petitioner, )
)
and )
)
STEVE S. TOWNSEND, )
)
Respondent. )
OBJECTION TO PETITIONER. MAJESTIC RESIDENCE'S
USE VARIANCE APPLICATION FOR 3714 W. 97TH STREET
Comes now, Steve S. Townsend, ('Respondent' herein) and submits the following
Objection to Petitioner's Use Variance Application to the Board of Zoning Appeals and
states as follows:
1. That Respondent has resided at 3702 W. 97th Street, Carmel, Indiana 46032
for the previous eight years~ and, resides immediately (next door) to the east of the subject
property 3714 W. 97th Street, Carmel, Indiana 46032.
2. That during those eight years (particularly the last 2-3 years) Petitioner
owned several parcels on the south side of 97th Street. More specifically, the residence
which was located directly across from Respondent's property (now excavated) was
occupied at times by 10-15 people in a single-family dwelling. In addition, the property
was not properly maintained, i.e. trash and debris, disorderly conduct on behalf of the
occupants, disturbing the peace on behalf of the occupants, etc., all of which was conveyed
on numerous occasions to Petitioner. The Hamilton County Sheriffs office was called on
u
u
2
numerous occasions to assist in bringing order to the occupants of Petitioner's rental
residence.
3. Subsequently, Petitioner purchased the property at 3714 W. 97th Street
from which he has been running and maintaining a 'commercial' business in violation of
numerous Carmel/Clay Zoning Ordinances. The site is currently zoned S-2 residential.
4. More specifically, Petitioner has violated Ordinance Z-289 and has been in
violation of same for many months now. This ordinance provides for "Home Occupation"
only and is clear in its definitions:
a. Petitioner's construction office is located within S-2 zoning and this site at
3714 W. 97th Street is clearly being used for a construction office only and not incidental
or secondary to residency. It is the Respondent's opinion that there has never been home
occupancy nor was there ever any intent of home occupancy - making the violation even
more flagrant.
b. Petitioner is clearly usmg more that 15% of the total floor area for
construction office space. The residence has been converted into an office environment.
The garage on the residence was even converted into an office area. All in direct violation
of the ordinances.
c. Petitioner has clearly changed the character of the dwelling. Currently,
there are utility vehicles, materials, etc. maintained and being delivered at the residence in
the front drive, front yard and back yard. Numerous times over the past several months I
have been awakened to loud equipment, trucks and conversations, etc. taking place next
door only to look out and find the front yard completely filled with parked utility trucks,
delivery trucks, employee's vehicles, subcontractor's vehicles, etc.
u
u
3
d. Petitioner for some time had signage for Majestic Residence in the front
yard of the residence at 3714 W. 97th Street, and only after the Sheriff and other County
Officials were called did Petitioner remove such signage and apply for the variance. All
in direct violation of the ordinances.
e. Petitioner clearly conducts his business outside the parameter of the
dwelling creating unwanted outside noise. All in direct violation of the ordinances.
f Petitioner clearly has materials displayed and stored in the driveway, and
back yard ofthe residence at 3714 W. 97th Street. All in direct violation of the ordinances.
g. It is believed that not all ofPetitionerts employees are 'family'. All in direct
violation of the ordinances.
5. Respondent states and avers that Petitioner should be ordered to construct,
erect and maintain his 'construction office' from a temporary construction trailer erected on
the site currently being developed as Majestic Plaza directly across the street from the
subject site at 3714 W. 97th Street, consistent with other site developers criteria and
procedures in this District.
6. Respondent states and avers that Petitioner's continued use of the residence
as the 'construction office' puts the neighborhood at risk and presents egregious situations
to the other residents and guests of the neighborhood not to mention the risk to the small
children of the neighborhood. This nuisance has caused unnecessary lifestyle changes to
the Respondent as well as to other neighbors and more particularly to the children of the
neighborhood who are no longer safe on their bicycles or even walking their domestic
animals.
u
Q
4
WHEREFORE, Respondent feels that Petitioner has demonstrated the inability to
properly maintain and care for his property in a manner consistent with the neighborhood
standards considering his performance thus far and strongly objects to the use variance at
3714 W. 97th Street and would suggest to this Board that granting such a variance would
be a great injustice to our community and to the Carmel Clay West District in general.
Respectfully submitted,
k1'
Steve S. Townsend, Respondent
3702 W. 97th Street
Carmel, IN 46032
/:
~
~
> 10RTH IllUSll IEIIRBOIROOD ISsoellDON
o
c/o Mrs. Amber Carson-Crane
3722 West 98th Streit
Cannel, Irldiana_46032
May 22,2001
Carmel/Clay Board of Zoning Appeals
City Hall Council Chambers
1 Civic Square
Carmel, Indiana 46032
~ ~
,
.
~ .
~
RE: Docket No. UV-52-01, Majestic Residence, Inc.
To Whom It May Concern,
The residents of the North Augusta neighborhood do hereby petition the Carmel/ Clay Board of Zoning Appeals
to oppose the use variance application for the property being known as 3714 W. 97th S1.
.... ~ "
NAME
ADDRESS
~~_~_=-~________________~_1.a~__~!tl~l~__~____!-
~ci~... .37/$ tJ# pgZIL- s7: "
~~--_.._--_.._------------_..._-------------------------------------------------------------------------
A~-t.~~~---------------------------1-~~:--~~:!:.--~L:----------
___};j~t!i:tL.f&L~----------------------!.-2-!:2.---1&::~E-g-Sr-------------
/
C-L/ /
----------- ------ --~------- -
__~ _Z.!..d:"fi) ___?_ 7_9'..,::=:_
~'7o'-f W q/~ st-
---- --~-
1~~__--~
amc
cc: Hamilton Co. Highway
NAME
ADDRESS
V"\ ,
' u u
. ~ 3'7CI:A LJ. '7o~s.I
jy~~~~
__ 1l~______ _ ' __ ___(;l12.,:L--- _ _ ~---~1Ob---~ --------
___ ___ ____M5_M ~ ______ '_ _3_12L___k2_, _ C{e&~, --
~ _____ _ c __ _ _' ______ ]> ?3:.! ___~. _ _L~ {-r, _____ _5_t · ___ __
_ _ '____ _____ __ __ _ _ 1_~__ ______ ___j__ZLfr. _ _~. _~~ __?-(:~ __
~D_~_______________________~_}l_~_____~_~___~__~____~~~-----------------
_ _ _ ____1!1_ __ ~_____________ ______ __:z:.~!:' ___~_ _~_ r _ \r'~~__:_________ _________ __
I t ,~
_~ ________ _ _~__ _ __ ________2Z1Q__~ :.___2!2-~__I::::. -------------
1f!d~-~---
__~~__r.~------&-ZtJ.L---~-CZtt:&~------------
~~~
___________ _____ ___ ___ _ __ _ _ __ ___ _JI':lJL-- W~ :ll_!.__:~-~.J.:- ________ ------
_ .. __ _ _k _ _.5J2li1:.. 't!~ ~k& - - - -
~-12L~~---~
--------------------------.---------------------------------------------------------------------
----------------------------------------------------------------------------------------------
Q
o
(.)
o
u
Q
u
o
,/~-<J ij-
:/
~
~ .~~ ~\
-:,-:~
(.)
o
;..
u
u
Ifobosiewicz, Jon C
'''From:
Sent:
To:
Cc:
Subject:
Lillig, Laurence M
Saturday, May 19, 2001 11 :18 AM
Dobosiewicz, Jon C; Hollibaugh, Mike P
Kendall, Jeff A; John R. Molitor (E-mail)
North Augusta Subdivision, Section 2, Lot 49~
Jon,
You'll need to get together with Jeff Kendall on this one. Right now I'm predisposed toward a negative recommendation on
this one because it is an existing violation that Jeff has tried to abate to no avail. He'll need to provide you with timeline
information for complaints and follow-up action on his end. Just about the only thing this one has going for it is that it is
within the US 421/Michigan Road Overlay Zone.
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
<>
llillig@ci.carmel.in.us
1
w
u
City of Carmel
Fire Department Headquarters
2 CIVIC SQUARE
CARMEL, INDIANA 46032
317/57142600
Ronald L. Bussell
Bussell and Bussell
703 Pro-Med Lane
Carmel, IN 46032
RE: Majestic Homes Temporary Office
LETTER OF APPROVAL
The undersigned has reviewed the proposed plans for
Majestic Homes Temporary Office
and has approved the plans subject to the following:
(jV '02 -0'
1. After review of this project, I have no further conditions or comments at this time.
2.
3.
4.
5.
6.
Date: Mav 14. 2001
By: Gary Hoyt, Fire Marshal
Carmel Fire Department
Fire Prevention Savea Livea and Property
iQ 'l.0>,
/ "
~';'(,/\
4" w')> \
RECEIVED ' --- \
NAY 15 2001
DOCS
Fax
~~~
To:
u
u
CITY OF CARMEL
Department of Community Services
U~rS~-G \
One Civic Square
Carmel, IN 46032
(317) 571-2417
Fax: (317) 571-2426
~S~~
From:
~=-. L/~
3
Fax:
5c.o~- 9550
Pages:
Phone:
Date:
-5 ~'7~ 1
Re:
cc:
Y\ A r-l P-. c.-.
IV l ~--{
o Urgent 0 For Review 0 Please Comment 0 Please Reply
o Please Recycle
':A,
C-.~ ~ ~
~..~~
Jh~'~~
Vk. ~ \ '---
~
~
6~
~0U-L
~c::......~ Yy\~\--~
To::::.
\ p..c C--
'^^' ~ ~CfL:::> ,
<T~IS
,,-\S,t
G~...,~~
. ""rA r
1~U.
No-n::- 0
) 1"-
Dl---
<"\p..,l-
"^"- ~ M.. ~-rL ~ .
(j
u
u
Johnson, Sue E
From:
Sent:
To:
Cc:
Subject:
Lillig, Laurence M
Friday, April 27, 2001 3:58 PM
Johnson, Sue E; Morrissey, Phyllis G; pattyn, Dawn E; Tingley, Connie S
Hollibaugh, Mike P; Hahn, Kelli A; DObosiewicz, Jon C
North Augusta, Section 2, Lot 49 (UV-52-01)
,Docket No. UV-52-01 has been assigned to the Use Variance petition filed by Ron Bussell on behalf of Majestic
Residence to allow a residential structure located at North Augusta, Section 2, Lot 49, to be utilized as a construction
office during the construction of Majectic Corner Plaza on North Augusta, Section 2, Lot 29a.
The filing fee for this petition is $1050.00.
This Item will appear on the Tuesday, May 29, 2001, agenda of the BZA under Public Hearings. Published and mailed
notice of these petitions must occur no later than May 4, 2001. Informational packets will need to be received by the
Department no later than noon, Friday, May 18, 2001.
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
,0,-0
~ >'
_.l~.~ .~
\ ~., I-~ . ~
4~d-\).-D II~ -- ~ ' tp*'
~s~L--L-- ? C;t1fO
~ I_'~
rvl.P
~
Sue Ellen, please contact Mr. Bussell with this information.
Phone: 317.571.2417
Fax: 317.571.2426
.
f?s
llilliG@ci.carmel.in.us
~"
p\
/'/
tP
1
',.
DepartmeQf Community Services
Complaint Form
o
...
Full Address of Property :
13714 97TH ST W
Date Filled: 103/19/2001
Record Number:
Type Of Complaint : Operating business in a residential area. No one lives in the residence. Outside storage and
employees coming and going.
Name Of Violator : IMAJESTIC RESIDENCE
Address of Violation : 13714 97TH ST W
Mailing Address: I
Phone: I I
Co,""""", I So< ..mp....' # 2001.0000
Name Of Filer : ISTEVE TOWNSEND
Address: 13702 W 97TH ST
Phone: 1872-2501
Comm~'" IWOUId like ...n......
Same As Owner: D
Department of Origin : IDOCS
Letter I Sent : II
Letter 2 Sent: II
Letter 3 Sent: II
Date Of Update : Comments:
" Mr. Townsand has concerns that this residence is violating zoning laws. JK relayed the history of the
04/20/1901 property in terms of another complaint 2001.0003. It was the Cities understanding that Mr. Rastegar
was applying for a varience to use the property for construction support for the three office buildings
going on across the street, but for now, was within the guidelines of the zoning ordinance. Mr. Townsend
was emphatic that this was not the case and that Mr. Rastegar was continuing to opperate his
construction business out of this home and also not living there.
JK spoke with Mr. Rastegar again about the situation and ask that he cease and desist this use of this
property until proper approvals are in place. Mr. Rastegar agreed.
~.,,,.,,.
~
..
Departmen~f Community Services
Complaint Form
Full Address of Property :
13714 97TH ST W
Date Filled: 103/19/2001
o
;,
Record Number:
Type Of Complaint : Operating business in a residential area. No one lives in the residence. Outside storage and
employees coming and going.
Name Of Violator : IMAJESTIC RESIDENCE
Address of Violation : 13714 97TH ST W
Mailing Address: I
Phone: I I
C""""""., I'" rom.IaiD" 2001.0003
Name Of Filer : I STEVE TOWNSEND
Address: 13702 W 97TH ST
Phone: 1872-2501
C""""""., I Wool' Uk. ..,.11 bad<.
Same As Owner: D
Department of Origin : IDOCS
II
II
II
Letter I Sent:
Letter 2 Sent:
Letter 3 Sent:
Date Of Update :
03/25/1901
I,
Comments :
Mr. Townsand caBed the city to express frustration that nothing is being done to force Mr. Rastegar to
comply with the zoning laws of Carmel/Clay Twp. He continues to run the construction operations of his
office complex across the street from the single family dwelling next door to Mr. Townsand. Many
worker are coming and going, the front yard has become a parking lot, electrical cords are run across the
street and there is storage of material on site. JK told Mr. Townsand that he also was frustrated with the
activities at this address. Some site inspections that have taken place around the time that a warning has
been given to Mr. Rastegar have not shown that there is any violation. Mr. Townsand stated that he
would take picture to document the violations.
IJIIl-fl!JJiJjJrg3J
DepartmenO~ Community Services
Complaint Form
Q
Full Address of Property:
13714 97TH ST W
Date Filled: 101/10/2001
Record Number.
Type Of Complaint: Majestic Residents opporating a business out ofthis single family home
zoned S-I.
Name Of Violator : IMAJESTIC RESIDENTS
Address of Violation : 13714 97TH ST W
Mailing Address: I
Phone: [
Connn<n" I
Name Of Filer: IAMBER CARSON
Address: I
Phone: I
Signage in the front yard, along with filing cabinets, rear and side yards have bulldozers parked - multiphone line
Comments :
connection box. In order to get the bulldozers into the yard....they had to drive them through the neighbors yard
and tear u their ro er .
Same As Owner: D
I
I
DepartmentofOriw.n: IDOCS
Letter 1 Sent :
Letter 2 Sent:
Letter 3 Sent:
Date Of Update :
01/20/1901
Comments :
JK spoke with Mrs. Carson who repeated concerns stated above. JK did site inspection and confirmed
that the use of the house was for other than residential. JK contacted owner of house Majid Rastegar
and explained that the house could only be used as a single family dwelling and offered the home
ocupation guidelines for direction in terms of any extended business use. Mr. Rastegar agreed to abide
by the guidelines until such time as he could extend the use in the form of a varience.
01/20/1901