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H..' . ,. .. .' . ..--{!q~v:, . .'..' .....1 i- - . "". ". h. - - .___n..... - ..~. -.. "-.... - --, ':~'l~~?," .. -/ Connie Tingley Secretary to The Board of Zoning City of Carmel One Civic Square Carmel, IN 46032 May 18, 2004 Dear Connie: Please direct this letter to the Cannel Advisory Board of Zoning Appeals. It has been nearly three years since Gerald and Evelyn Easton were given 18 months to have their pet population down to three pets. I can assure you that at this time they have many more than three. I feel that they were given substantial time to come into compliance with the law and chose not to. We, their neighbors, have been very patient with the noise and wandering cats but now think that when you ignore an order, you must consider the consequences. To my knowledge, in the past three years no inspection has ever been done except a drive by. The health issue is a concern particularly with the flooding that occurred last fall. We had animal waste floating into the backyards. I realize they love animals and so do I, but a violation of the law is a violation. I hope you will reconsider the decisions that were made in the past and give us our peace and quiet back, because 33 years ago that is exactly why we built our house in Northwood Hills. Sincerely, ~~ Ann Davis 6309 Northwood Dr. o o City of Carmel Original by mail Apri119, 2004 Mr. & Mrs. Easton 6320 Northwood Dr Carmel, IN 46033 RE: Commercial Kennel Approval (SU-161-01) - Special Use Dear Mr. & Mrs. Easton: This letter is in response to several site visits from the Code Inspector, trying to analyze your situation, and other events that have occurred last year. You were granted approval on February 25, 2002 with the following conditions: 1) No open food outside-animals are to be fed indoors. (garage) 2) No more than 2 dogs outside at anyone time, and a minimum of one (1) owner must be on the premises during those times. 3) By the end of the eighteen-month approval period, the owner must have reduced the number of animals to three (3) dogs and/or cats in compliance with the Ordinance. 4) At the end of the eighteen-month period, the owner must either return to the Board at its Monday, July 28, 2003 meeting to demonstrate that they have come into compliance with the Ordinance, OR apply for a new Special Use approval in time to be heard at the July 28, 2003 meeting. 5) Between the hours of9:00 AM and 11:00 AM, all 9 dogs will be permitted outdoors for a 30-minute period within that time frame. 6) The Eastons agree to contact the Sheriff, Humane Society or other appropriate body when stray cats or stray dogs appear on the property. 7) The Eastons agree not to acquire or adopt any additional animals-{any dog or cat that dies will not be replaced!). In response to the events that have occurred, the Department is placing your case on the May 24th RZA Meeting a~r.nda. At this time, you will be able to explain to the Board your status as a Commercial kennel. The Board will then decide what is appropriate. You will be heard under Old Business, and you will not have to repay the fees for this docketed item. This meeting will occur at 7 pm in the Council Chambers at City Hall, on the Second Floor. If you have any questions or if I may be of assistance, please feel free to call. Sincerely, /1"".' a..~ .~''-gu; ~::::::2 L ~ Angelina Butler Planning Administrator COP~ NorthwoodHiIIs,Sec 1 ,lot6-Easton Page 1 ONE CIVIC SQUARE CA1Uv.lEL, INDIANA 46032 317/571-2417 Butler, Angelina V u w From: Sent: To: Subject: Butler, Angelina V Tuesday, July 15, 2003 3:05 PM Tingley, Connie S RE: Northwood Hills, Section 1, Lot 6 - Easton Commercial Kennel (SU-161-01; SU-19-00) i think we have good reason to believe that it will be a violation. maybe give adrienne a head's up to check it out on July 29th in the am. p.s. did anyone respond to that letter they wrote us? -----Original Message----- From: Tingley, Connie S Sent: Tuesday, July is, 2003 3:03 PM To: Dobosiewicz, Jon C; Butler, Angelina V; Hollibaugh, Mike P; Lillig, Laurence M; Keeling, Adrienne M Cc: Morrissey, Phyllis G; Babbitt, Pamela A Subject: RE: Northwood Hills, Section 1, Lot 6 - Easton Commercial Kennel (SU-161-01; SU-19-00) From their letter, it doesn't look like they are planning to do anything, I shared their letter and the file with Angie. Do we have to wait for a complaint or can we tell Adrienne to look into it July 29th? ct -----Original Message----- From: Dobosiewicz, Jon C Sent: Tuesday, July is, 2003 2:49 PM To: Tingley, Connie S; Butler, Angelina V; Hollibaugh, Mike P; Lillig, Laurence M; Keeling, Adrienne M Cc: Morrissey, Phyllis G; Babbitt, Pamela A Subject: RE: Northwood Hills, Section 1, Lot 6 - Easton Commercial Kennel (SU-161-01; SU-19-00) What do you mean by anything? At this point, I assume, due to their lack of a new application, that they intend to comply with the July 28 deadline. If they do not comply we would refer this mater to Adrienne for enforcement action. Jon -----Original Message----- From: Tingley, Connie S Sent: Tuesday, July is, 2003 11:25 AM To: Dobosiewicz, Jon C; Butler, Angelina V; Hollibaugh, Mike P; Lillig, Laurence M Cc: Morrissey, Phyllis G; Babbitt, Pamela A Subject: FW: Northwood Hills, Section 1, Lot 6 - Easton Commercial Kennel (SU-161-01; 5U-19-00) Are we going to do any thing about this one? ct -----Original Message----- From: Lillig, Laurence M Sent: Friday, May 16, 20031:24 PM To: Dobosiewicz, Jon C; Butler, Angelina V Cc: Tingley, Connie S Subject: Northwood Hills, Section 1, Lot 6 - Easton Commercial Kennel (SU-161-01; SU-19-00) Jon & Angie, The BZA's eighteen-month, conditional approval of Docket No. SU-161-01 expires midnight, July 28, 2003. By that time the petitioners, the Eastons, must have either 1) come into full compliance with the Zoning Ordinance, or 2) have filed for a new Special Use in time to be heard at the Board's July 28, 2003, meeting (Friday, June 13th, filing deadline). They have contacted Connie, I hope to provide evidence that they are now in full compliance with the Ordinance. Laurence M. Lillig, Jr. 1 Planning & Zoning AdQstrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Q 317/571-2417 fax: 317/571-2426 llillig@ci.carmeLin.us 2 ! RECFIVED Y 21 DOCS J)et(,r eo nn\-e, -r . Lb <!) u..k J \r~ Y4f hl t( ch ~ rec \ cct-e m cJ: \ vt,\ C.RJ'Pl~.'~ t--> ~e JJoa~J YT)~fY\ 'b-e.~s a ncl ? cnq eacl. a ~C\. <::JktyJc~o~ ~ ~N-( hi ud . ~~)~cf/ado-J Bveiyn &:stun 6320 Northwood Dr Cannel, IN 46033-9760 .... IJ ~ \ \. "/;.\ :,/ i \ 01'1,' '"" t ,",1" N U> A lifJfil A.I'~ 3 ~ r.YAIII I' "v~ (' 1,/ .~". 0+ teJmlyl un-I~ 0'e.f'lJlce.. I @\ V (-e- .~~ Ql'e... G(L~m~ ." l.u&UwOc.- ~V()3 2- ",'" UU\;':> Cht. Co 111'\ \ -e..... 4:::.C;::::2....-'7:::.E::,i i It Iii I Hllii IlI!l jj III i I jjlll i, i I ill i\ Iii Ii II i! ill j Ii II ii I! 11 '~~ ,~ o o , ' , ' ./ . " May 1, 2003 s- LA ~ / fe I ~O I ..t1 ..(i'1 R;::I'1.. ' /11, .CIjll"O i I~ I' J.. ',/1/ 21' < ')i"l D 'II!',''! Oes" "), Dear Board Members, I am addressing you in the form of a letter well before July of 2003, the time for the renewal of our variance, to let you know about some outstanding circumstances we are up against at this point and time. As for the dogs, we have lost two of them and are now down to only seven. All of the remaining dogs are getting older and except for their bathroom privileges would prefer to stay indoors. We have had a horrible turn of events at our house. Just a few months ago Jerry suffered a major heart attack resulting in a month stay in the hospital. Jerry underwent open-heart surgery and his stay was prolonged due to complications from his diabetes. Two weeks after returning home, Jerry suffered another heart attack and was again back in the hospital for two additional weeks. During this period of time, the dogs were let out at different times due to the fact that I had spent a great deal of time at the hospital with Jerry . Now we are faced with another problem. Jerry has been diagnosed with cancer and will begin radiation treatments shortly. Financially we are stripped down to minimal living conditions. Jerry has been on disability for two years and we can barely afford to make our house and car payments. How can we afford the dogs? Our Veterinarian, Doctor Scott Emch, Has been generous enough to supply us with the service and the help we have needed over the past several years. The Purina Dog Chow Company has also been very generous to donate large amounts of food for the dogs. To this day, we still receive donations in our mailbox from anonymous friends. And in our home there are no leftovers, only great food for the dogs. We would like to live our remaining years here at our home with our dogs. The first time we went for the variance it cost us $2000 including lawyer fees. The second time it cost $1000. We cannot afford another costly variance. Please help us through this situation and let us keep the dogs until they die on their own. We have been so careful not to disturb our neighbor. Please find it in your hearts to wave the variance this year. I do not know what we would do if we were compelled to apply for this variance. We will simply not be able to do it. u u LiIIig, Laurence M , '. .' From: Sent: To: Cc: Subject: Lillig, Laurence M '. Ih ~f'f'! ~ . Friday, May 16, 2003 1 :24 PM t;(t v1/Yf; Dobosiewicz, Jon C; Butler, Angelina V ' I'l 10' J:'- () , - Tingley, Connie S uOrn tltJ,; " Northwood Hills, Section 1, Lot 6 - Easton Commerci~ennel (SU-161-01; SU-19-00) "I.. /.., '...' . "C"< \ .. / Jon & Angie, The BZA's eighteen-month, conditional approval of Docket No. SU-161-01 expires midnight, July 28, 2003. By that time the petitioners, the Eastons, must have either 1) come into full compliance with the Zoning Ordinance, or 2) have filed for a new Special Use in time to be heard at the Board's July 28, 2003, meeting (Friday, June 13th, filing deadline). They have contacted Connie, I hope to provide evidence that they are now in full compliance with the Ordinance. Laurence M. Lillig, Jr. Planning & Zoning Administrator Division of Planning & Zoning Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 317/571-2417 fax: 317/571-2426 llillig@ci.carmel.in. us 1 ;J o u CITY OF CARMEL ~ DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning LET T E R of GRANT , 26 February 2002 ~ , ~~rcl~1W~lQ) NAR 28 2002 DOCS Gerald & Evelyn 1. Easton 6320 Northwood Drive Carmel, IN 46033 Re: Northwood Hills, Section 1, Lot 6 Special Use (SU-I6I-OI) Via US Mail Dear Mr. & Mrs. Easton, At the meeting held Monday, February 25, 2002, the Carmel/Clay Board of Zoning Appeals took the following action regarding the petition filed by you for property located at 6320 Northwood Drive: APPROVED with Commitments: Docket No. SU-161-01, a petition to continue a commercial kennel use originally Approved with Conditions for a period of eighteen (18) months on May 22, 2000, as Docket No. SU-I9-00. The Board voted three (3) in favor, one (1) opposed, thereby approving the petition with the attached Commitments to be rendered in recordable form. Please sign and notarize the attached Commitment document, and return it to the Department of Community Services immediately for recording. Unless and until the Commitments have been recorded, the Board's approval is without effect. If I can be of any further assistance, please do not hesitate to contact me at 317.571.2417. Sincerely, - -f) c:fC:1~y~. La rence M. Lillig, Jr. Planning & Zoning Administrator Department of Community Services Page 2 0 Docket No. SU-161-01 o .. Cc: Ramona Hancock, BZA Secretary Adrienne Keeling, DOCS, Code Enforcement Inspector file: SU-19-00 ~ \ . \ u Q CROSS REF: Instr. No. 200100006396 Instr. No. 11188 Plat Book 2; Pages 38-39 Commitments Attendant to Special Use Approval of Docket No. SU-161-01 (Northwood Hills Subdivision, Section 1, Lot 6) We, Gerald & Evelyn J. Easton, the undersigned, Owners of Lot 6 in Section 1 of the Northwood Hills Subdivision, (hereafter, "Applicants"), make the following Commitments to the City of Carmel & Clay Township Board of Zoning Appeals in conjunction with the February 25,2002, approval of Docket No. SU-161-01: Description of Real Estate: Lot 6 in Section 1 of the Northwood Hills Subdivision, recorded as Instrument No. 11188 in Plat Book 2, Pages 38-39, in the Office of the Recorder of Hamilton County, Indiana Statement of Commitments: 1. The Applicants agree that they shall not leave open food outside of their house. All animals are to be fed indoors (or in the garage). 2. Except as permitted under Paragraph 5 below, no more than two (2) dogs will be allowed outside of the house or garage at anyone time, and a minimum of one (1) person must be on the premises during any time that a dog is outside. 3. By the end of the eighteen-month approval period, the Applicants understand that they must reduce the number of animals to three (3) dogs and/or cats in order to comply with the Ordinance. 4. At the end of the eighteen-month period, the Applicants must either: o o page 2 of3 a) return to the Board at its Monday, July 28, 2003, meeting to demonstrate that they have come into compliance with the Ordinance, or b) apply for a new Special Use approval in time to be heard at the Monday, July 28, 2003, meeting. 5. Between the hours of9:00 a.m. and 11:00 a.m., the Applicants may allow all nine (9) dogs to be outdoors, but not for more than a thirty-minute period within that time frame. 6. The Applicants agree to immediately contact the Sheriff, Humane Society or other appropriate body when stray cats or stray dogs appear on the property. 7. The Applicants agree not to shelter, acquire or adopt any additional animals. Specifically, the Applicants commit that any of the nine (9) dogs and two (2) cats currently on the premises that die will not be replaced. 8. The Applicants understand that the Board's approval of Docket No. SU-161-01 expires at midnight, Monday, July 28,2003. Binding on Heirs, Successors and Assigns. These Commitments are binding on the owner of the Real Estate, each subsequent owner of the real estate, and each person acquiring interest in the real estate, unless modified or terminated by the governmental authority authorized to modify. Recording. The undersigned agrees to record these Commitments in the Office of the Recorder of Hamilton County, Indiana, upon granting of the approval of the project. Enforcement. These Commitments may be enforced by the Carmel/Clay Board of Zoning Appeals and/or the City of Carmel, Indiana. u (.;) page 3 of3 Executed this day of ,2002. By: By: Printed: Gerald Easton Printed: Evelvn J. Easton STATE OF INDIANA } } COUNTY OF HAMILTON } BEFORE ME, a Notary public in and for said County and State, personally appeared Gerald & Evelyn J. Easton, the Owners of Lot 6 in Section 1 of the Northwood Hills Subdivision, who acknowledged the execution of the foregoing Commitments. WITNESS my hand and Notarial Seal the day of Notary Public State of Indiana, , 2002. (printed) , l" Residing in County. My Commission Expires: Prepared in accordance with the Carmel/Clay Board of Zoning Appeals approval of Docket No. SU-161-01. Prepared by: John R. Molitor CarmeVClay Plan Commission Attorney One Civic Square Carmel, IN 46032 u u NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: ~, 2002::::ATJ-:!/iL A.M./ii) City of Carmel/Clay Township Department of Community Serv One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: OWNER or TENANT: Mailing Address: Nature of Violation: Ordinance Section Violated: Date/TIme of Violation: Abatement Period: Fine for unabated violation: Comments: loot. ()O:J..[) e Carmel IN 46033 ctlon 1 Lot 6 Gerald & Evelyn Easton 6320 Northwood Drive. Carmel. IN 46033 exceeds 18-month Special Use approval for a Commercial Kennel in S-l District [Docket No. SU- 19-00. granted May 22.2000) Carmel! Clay Land Use Regulations. Section 5.2: Svecial Uses. Violates approval of SU-19-00 Ongoing since Thursday. November 22.2001 The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above by midnight, February 25. 2002. Up to $50.00 - First Violation. Up to $100.00 - Second Violation* Up to $250.00 - Third Violation. Up to .$500.00 - Subsequent Violations. *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Failed to have JanuaIj1 28. 2002 hearing of Docket No. SU-161-01. DO NOT DISREGARD THIS NOTICE!! le e cQntact the r listed below immediately By: Phone (317) '5 71 ~ ;/.,1-1.7.. '5 CERTIFIED NOTICE - RETURN RECEIPT REQUESTED [\\APPS2\DOCS SHARED\Code Enfcm:cmentINoticcs\6320 Northwood Drive.docI129102] u u .!:!!!!.P, Laurence M 6320 Northwood Drive, Carmel, IN 46033- Gerald and Evelyn Easton Keeling, Adrienne M {2 $.} Thursday, January 31,200210:15 AM (j -l~,!(O/ Tingley, Connie S ~.\. &0 '<: / Hollibaugh, Mike P; Kendall, Jeff A; Hohlt, William G; Li .. au~ \f~:/- New Record Number Kt\i:-- eg\ 1111 81 fJlW) h - ~ CUK 1\~;1 \-"" DOCS js':: 1~,~: j; /.::1~ From: Sent: To: Cc: Subject: Commercial kennel in S-1 district, Special Use approval (Docket No. SU-19-00) expire Filed by Board of Zoning Appeals... 1 1!!!!i, Laurence M .- . /" ---:-'.--;:.._;-- j-- U ,/< \t.L~;.:-LL !7';;~~ s{j . /lP I . 0 / /, \~;,v ."<<>^ ,- / ~ 'v\ !',j taJ \U~. ('J nl~ .~ {-_..( '~~ - 1,--:1 JAN 2.'5 ~ ~~ \,-=-\ 2(J(J2 I:: \ ,,:i'.\ DOCS J:.'ij \,-)/<. /Q') \'/)", / '-... OJ '< /"":"'- 4 \)/ Sorry you got the brunt of my frustration regarding the Easton's situation. I thank you for t~~i;i@rr!(a!&n5"~f1d have forwarded it to last year Northwood Hills Assn president and ask him to let the new president knoy/when the hearing is and that you suggested that the Northwood Assn. be represented. Thanks again. u From: Sent: To: Subject: Davis, Ann Friday, January 25, 2002 3: 17 PM Lillig, Laurence M BZA Feb. 25 hearing 1 u o Johnson, Sue E From: Sent: To: Subject: Lillig, Laurence M Friday, January 25, 2002 1 :28 PM Johnson, Sue E Northwood Hills, Section 1, Lot 6 (SU-161-01) Sue Ellen, Please send Mr. Easton a copy of: 1. The instruction page (sheet 1) from the Special Use application (he doesn't need the entire packet). 2. All pages from the Special Use application pertaining to Notice. 3. A copy of the 2002 BZA calendar, which includes specific information on Notice. 4. A copy of their published Notice from Docket No. SU-19-00. He will need to contact the Noblesville Daily Ledger almost immediately in order to make the 25-day Notice for the February 25th meeting. He will also need to get the list of adjoiners from the Auditor's Office in order to make the Certified mailing in time. The deadline for the February meeting is Thursday, January 31, 2002. Given the time constraints, it would probably be best if he came in to pick up the information rather than mailing i.t to him. Thanks. c:u=.... '- ~ ,^"L- '2-~~~, \1~9..d- -~". c::::. ~ ~~<-<J :?-~4> ~~ Laurence '~ c...~ 0 ~ <::> ..~ 1l.}~, . -----Original Message---- From: Johnson, Sue E Sent: Friday, January 25,20021 :10 PM To: Lillig, Laurence M Subject: SU-161-01 ~ Just called Eastons to remind them about public notice. They have none; denied knowing about that requirement (newspaper or neighbors). I told Mr. Easton you would call him. The phone number is 843-1658. SEJ 1 o 'W Lilli , Laurence M ~---~\ ----;.--.-- /('\~lL-,lAOI ~ ',,,)/~ ~Z!..,J'lT" "~ ' \ ~\ \~ l/ ~ Lillig, Laurence M REC~ Friday, December 21, 2001 11 :20 AM ~I nm IVED Johnson, Sue E; Morrissey, Phyllis G; pattyn, Dawn E; Ti Oley, C"dlfuiaat 2001 Hollibaugh, Mike P; Hahn, Kelli A; Dobosiewicz, Jon C ~ . Doc,<, Northwood Hills, Section 1, Lot 6 (SU-161-01) ~ 101 \ "'~/ Docket No. SU-161-01 has been assigned to the Special Use petition filed by Gerald L. & Ev for a Commercial Kennel located in Northwood Hills, Section 1, Lot 6, at 6320 Northwood Drive. (Cross-reference: Docket No. SU-19-00.) From: Sent: To: Cc: Subject: . The Filing Fee for this petition is $630.00. · This Item will appear on the Monday, January 28, 2002, agenda of the Board of Zoning Appeals under Public Hearings. The petitioner is responsible for bringing seven (7) collated copies of the Findings-of-Fact and Ballot Sheet for each petition the night of the meeting for the Board's use. . Ten (10) Informational Packets will need to be delivered to BZA Secretary Ramona Hancock no later than noon, Friday, January 18, 2002. . Both mailed and published Public Notice will need to be accomplished no later than Thursday, January 3, 2002. This Item will not appear on an agenda of the Technical Advisory Committee (TAC). Sue Ellen, please contact Mr. & Mrs. Easton at (317) 843-1658 with this information. Laurence M. Lillig,Jr. Planning & Zoning Administrator Department of Community Services City of Carmel One Civic Square '^_ ~ ~. _" .a.' lnr.::.,.,..... r.D Carmel, IN 46032 \~..... -.. Phone: 317.571.2417 Fax: 317.571.2426 ?s ~ I _ \ '1-0 tJ.---... llillig@ci.carmel.in.us 1 -% ~ "Q. ~'.. ~,~<A ~ ~'~~hrJ~ ,~~~ . ~. h~~~. -'//~. . ,,/ ~,. I. " . ~ ,. --;-L ;.:z ~ J ~.~ ,...-~ i)- ". . ~uu. ~:~~~~6J ~~~h~ ~.~ ~~~~... ~( ~iJ~~j .~. '~'..~' ~i ~~. '~.'~. ~~oW:a ~/~ ~!, /YY1 " '/;' -{ c -t ~::t~ duo I;- ~j i_ Cct.a/~ r~ /~. , ,.., "......JJ.AA~Ij'\1? ~ / lJL ./ '(V~~, ./ ~ iCvJ~ c:.J'1../ Q./--J"'-..I ' ~ EL- /Y1^~ . ~~1~' -a ~ 9c i, . -~J~DJ~:0-'1 ~ ~. 06633 ) 3/72Yb-g(t( o +:0 (to c.l 'i.l t.;t -.. -- Ii, Ii, I.LI 1,(, ::- - .. :-- :=:. - - .. .. - - .. _. .. -- =- - .. -- .. -- .. .. - .. -- :-- - .. .. -. .. -- ;.. ! ::- - .. -- -- : ~, -%J ) ) ) )) n , '" u (",) City of Carmel DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning 16 November 2001 f NO~ECEIVED 16 2001 ~ DOCS ,/ OJ; "- 61 Gerald & Evelyn Easton 6320 Northwood Drive Carmel, IN 46033 re: Special Use for Northwood Hills, Section 1, Lot 6 (Docket No. SU-19-00) via u.s. Mail Dear Mr. & Mrs. Easton: On May 22, 2000, the Carmel/Clay Board of Zoning Appeals granted an eighteen-month .' approval a Special Use for a Commercial Kennel on property located at 6320 Northwood Drive on Lot 6 of Section 1 in, the Northwood Hills Subdivision with the following conditions: 1. No open food outside. Animals are to be fed indoors (garage). 2. No more than three (3) dogs are to be outside at anyone time, and a minimum of one (1) owner must be on the premises during those times. 3. - By the end of the eighteen-month approval period, the owner must have reduced the number of animals to three (3) dogs and/or cats in compliance with the ordinance. .4. At the end of the eighteen-month period, the owner must either a) return to the Board to demonstrate that they have come into compliance with the ordinance, or b) apply for a new Special Use approval. The eighteen-month approval period expires Thursday, November 22, 2001. Please be prepared to report on the situation at the Monday, January 28, 2001, meeting of the Board of Zoning Appeals. If you anticipate that you will not be in compliance by that time, you must file your Special Use petition no later than Friday, December 14, 2001. Between now and the January 28th Board meeting, the Department will be making random site visits to gather independent information on compliance. If you have questions regarding these comments please contact me at (317) 571-2417. Page 1 ONE CMC SQUARE CARMEL, INDIANA 46032 317/571-2417 Thank you for your time and consideration. Sincerely, Laurence M. Lillig, Jr. Planning Zoning Administrator Department of Community Services cc: Ramona Hancock, Board of Zoning Appeals Secretary John R. Molitor, Board of Zoning Appeals Attorney Jeff Kendall, DOCS, Building Commissioner Adrienne Keeling, DOCS, Code Enforcement Inspector Page 2 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417 u u Hancock, Ramona B ',,-,--,.: . From: Sent: To: Subject: Hancock, Ramona B Friday, November 16, 2001 2:12 PM Davis, Ann Eastons, BZA Ann, I just received word from Laurence Lillig that the Easton case will not be reviewed by the Board until January. Ramona 1 o Hancock, Ramona B (,) From: Sent: To: Subject: Lillig, Laurence M Thursday, November 15, 2001 12:48 PM Hancock, Ramona B RE: BZA No, not yet. Haven't contacted the Eastons yet, either. ----Original Message----- From: Hancock, Ramona B Sent: Thursday, November 15, 2001 11 :49 AM To: Lillig, Laurence M Subject: BZA Has the site inspection been made at the Eastons in Northwood Hills, and if so, what is the result? Is this being place on the November Agenda for follow-up? Are these too many questions? RH 1 r ) __ __--1_ u (.;) November 12,2001 Carmel Board of Zoning Appeals City Hall I Civic Square Carmel, In 46032 Members of the Board: We wish to once again state our objection to the maintenance of a kennel and the numerous animals living at the residence of Gerald and Evelyn Easton at 6320 Northwood Drive. We have tried to gain the assistance from the proper authorities since August of 1998 and have patiently waited for the zoning regulations oCthe City of Carmel to be enforced since before the Zoning Appeals Board met in May of 2000. For reasons known only to the Board, the Eastons were granted a variance and were allowed to keep 12 to IS dogs and the same number of ~ at their residence in the neighborhood of North wood Hills. The cOllditionsset forth by the Board for this variance were blatantly ignored by the Eastons just days after the hearing and have never been fully followed or enforced for the last 18 months. This was cet1ainlynotintended as a personal matter. Our quality of fife bas diminished progressively over the years because .of this neglected situation. The East()DS continually have 4 or more dogs outside barking at any given time (we can hear dogs barking ftom within their house ll$ wen). The P.astong' ~ts are constantly on our property and have created paths in our yard. We cannot enjoy the beauty of our own b~m'd or etllCrtain company outside due to the dogs \cl\ out toconstanily bark. Mrs. Easton bas since llmwd tllisintoa more personal situation. She has screamed obscenities at our ~hildrtn for playing in their own badtyw:d. kil barallsing mcs.~ on our answering machine as well as in OW' maiJbGK. She hMalso falsely reported us to the f'ire Department for. burning leaves. She contiouaUy <femonstraws very antagot\istk and urtbatanced actions because of this issue. We 4idnot reaUze as honest. upstanding members of this community that it would be necessary to have legal representation to uphold ron-ent l.oning laws; It is our hope that the Doamwilf take the time to gather accurate and trUthful information ~0J1CCl1liJlg this state of affairs. We would be happy to interview with the Carmel inspectors and offer tMm additional photos, videos and witnesses to speak with. We also encouraae the inspectOrS to speak with our other surroundfna neighbors for their views and opinions. Respectfu.ll.y, c.Q Qp/?y- ~*~-~ Vi~Ug M'iller 6310 Northwood Drive Carmel, IN 46033 317-848-2567 Attachments .,. Q o ? A- .J .. o f .~ ~ .sI ~ } , .. . '- ~ . " ~ J " .... ~ ~ ~ 0 ~ '" " ~~ , ~ . ~ , , r " {) o . 1 .i ., .1' 1 -A o o - . -- o .. ~ - .. . " ~ :t. J " i4 ~ , 0 WI ~ ... ~ . :r r - 1 .~ L F l ~ t'''' ; . ~ ?II Ii z 3l .~1 ~t 't ~ ~f etol "2~ .;~ ~ -o.f f . __ i o ......... o .. "'-. ", - o o ~ u o ~ .; - .~ u o o Q Hamilton County Board of Zoning Appeals Topic: Temporary Kennel Rights for Jerry and Evie Easton. 6320 Northwood Drive, Carmel Dear Board members, Approximately two years ago the Board of Zoning Appeals succumbed to one of the best-constructed and well-orchestrated theater productions ever produced in the county. The Board decided to allow the Easton family to continue boarding large numbers of dogs exceeding the maximum provided in local statutes. The contrivance directed by the Eastons served only to subvert the intent of statutes limiting pets for property owners crafted to protect neighbors and serve the public health and well-being. As a neighbor and resident in the same neighborhood I respectfully submit the following facts: I emphasize that these are facts not subjective opinions. . The dogs are released into the back yard in large numbers, violating the restrictions imposed by the board. . The dogs bark and howl so loudly as to make it impossible to entertain in the backyard and patio at the neighboring property 6310 Northwood Drive. As dear friends of the Millers residing at 6310 Northwood Drive we have had to move indoors in order to converse no less than ten times in the last two years. . There is not a member on this board that would tolerate this uncivil, rude conduct by a close or next-door neighbor: further it is ridiculous to think any of the board would welcome this manner of disturbance to interrupt the tranquility of your homes. . . This is a disruptive force in our neighborhood and need not exist. To be deceived once by a well executed ruse is almost understandable although embarrassing and an affront to the good character of every board member . To be slapped in the face by the Eastons again by their abject refusal to adhere to the provisions granted in the last ruling by the board and extend the kenneling privileges would be a mockery to the board and the community of Northwood Hills. I request the board deny further dispensation to the Easton family and allow the existing statutes to serve their intended purpose. v~~ Michael Flohr 11701 Westwood Drive Carmel, Indiana " -'''t' --. o Q .~/ ./ Ramona Hancock BZA City of Carmel One Civic Square Cannel,Iri: 46033 November 1,2001 I am writing to ask the BZA to discontinue the variance given to the Easton's on Northwood Dr. in May of 2000. It was my understanding that they would, in the eighteen months, have no more than three dogs. There was never anything mentioned about all the cats that run loose. They may have fewer dogs but still have many over the limit of three. The cats, that we were told had been spayed or neutered, have multiple kittens. As I told the board these cats are allowed to run and are in my yard daily, chasing birds, digging in my mulch and causing my dog, who is tethered, to bark and snarl which is a disturbance to my immediate neighbors. As I said at the meeting, ifthis house was across the street from anyone of you, there would not have been a variance. It certainly does not increase the valueof my house and must certainly be a health issue. I realize that caring for OLD and SICK dogs (their words) is admirable, however, some of these dogs are far from old or sick if one can determine this from the barking when they are outside.. I feel we, as a neighborhood, have been patient and understanding on this issue but giving a kennel variance in a neighborhood of 160+ homes is unfair to the rest of us who really do care about how our homes are viewed, in respect to value and beauty. The Easton's were given 18 months to comply with the variance and to my knowledge they have not. Sincerely, C\ ({~ POJ '< __ -/ Ann Davis . ~ ~ o December 23,2000 .-- '-'C'Zz.<~:,\ ' ~ \/\ --D \~\ DEe 2S 2a E~ \ ~o };-'I' \ DoCS /,::.') \, ~,~ '<' , A~:~/ "<'..)/0:-lI'-''-~ "/ "-----< ' ~;!-/'y. City of Carmel Board of Zoning Appeal Members Carmel, IN 46032 Re: Docket No. SU-19-00 Docket No. SU-94-95 Dear Board Members: We were shocked and surprised by your failure to maintain a good law that was designed to help everyone on May 22,2000. Your failure to follow Zoning Ordinance Z160, which has existed since 1980, has encouraged others to begin their own "Commercial Kennels" in Northwood Hills Neighborhood. This was our primary concern when we came in force on May 22ndto address the petitioners (Eastons @ 6320 Northwood Drive who had up to 15 dogs and some 12 plus cats). The petitioners were given unbelievable latitude in their petition. Afterwards they were quoted as saying they had no intentions of ever abiding with your instructions. To date they continue to have their garage door open with animals running in and out at will. Other neighbors (11810 Prairie Place) have begun their own "Commercial Kennels" with 4 large dogs as you can see in these photos. These are very aggressive animals. You are directly responsible for this and should be ashamed of yourselves. Our children are not safe, neighbors are at odds with each other and our great neighborhood appears to be heading for some real trouble. On behalf of the many residents of this great neighborhood, we respectfully request that you address this issue right away. There will be no peace without some form of laws and rules. That is your job ! You are charged with enforcing the Ordinance for the sake of all, not just the one. Three pets/dogs to a household is a wise zoning ordinance (Z160) and has been on the books since 1980. ~elY, I ;V~54 DOUg~thY Evelo If '" 6035 Shieling Court Carmel, IN 46033 End: Photos 1-3 Cc: Mayor's Office Northwood Hills President i / /'1/0 fJl'iJ/l-/t 'p/Jee-