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HomeMy WebLinkAbout00002598■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: Rex A Neal II 881 226th St E. Sheridan,, IN 46069 000008 by — __ jcp�_ A. ❑ Agent by (Printed Name) C. Date of Delive D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2..Article Number 7008 3230 0003 2835 0390 (Transfer from sendce label) _ PS Form 3811, February2004 Domestic Return Receipt 102595-02-M-1540 ; UNITED STAT�S PQ�TAL S�R\,{IC�E all tPostage & Fem.-Pald. No. G-10 0 Sender: Please print your name, address, and Building & Code Services City of Carmel One Civic Square Carmel, IN 46032 777 4k -A4 -SOP% NO Se.e.,m 4r) be c(l- �Y(f c Aj) Cirl C) )Civ'1nmowej- M v Lln c z 9T i A i tt ob V(2, 6 . r"C J C) el o J( 00 09 av 0 C)S- 7 y of Cg-lel 9�F City of DEPARTMENT OF COMMUNITY SERVICES iNomwA Division of Building and Code Services February 10, 2009 Rex A Neal II 881 226" St. E Sheridan, IN 46069 RE: BZA VARIANCE/ USE VIOLATION Dear Sir: VIA CERTIFIED MAIL COPY This letter is being provided to inform you that it has recently been brought to the City's attention that the property at 505 East 1161h Street, a property listed under your ownership, is in violation of the Use Variance (08050006 UV) that was granted by the Carmel Board of Zoning Appeals. The approved meeting minutes from the Carmel Board of Zoning Appeals meeting (see enclosed), held on January 28, 2002, state: "Mr. Hawkins moved to approve Docket No. 08050006 UV, Printing Plus Office with the Commitment to use the garage for employee parking, so there will be no stacking. The motion was seconded by Mrs. Torres and APPROVED 4-0. " This property was granted Use Variance approval by the Carmel Board of Zoning Appeals on June 23, 2008, subject to the commitment that the garage would be used for employee parking and that there would likely be no more than one car in the driveway at any given time. Since the January 29`h complaint, several inspections have revealed that vehicles have been parked in excess of what was discussed and committed to at the variance hearing. Please discontinue this parking arrangement by February 17, 2009. Failure to comply will result in further enforcement action which could result in an appearance in Carmel City Court and the assessment of fines. 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, B an W. Pohl Code Enforcement Inspector Department of Community Services Cc: File:00002598 Enclosure Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report a��C� 1. report type 2. property search 3. view reports 0000 Reset new search general parcel info. spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 12/24/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the information provided by different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 17-13-02-02-02-003.000 State Formatted Parcel No: 29-13-02-202-003.000-013 Property Address: 505 116th St E CARMEL, IN 46032 Deeded Owner: Neal, Rex A II Owner Address: 881 226th St E SHERIDAN,IN 46069 Legal Description: NORTHERN HEIGHTS A 276-436 100.0 x 180.0 NORTHERN HEIGHTS. Section/Township/ Ra nge: 02/ 17/03 Subdivision Name: NORTHERN HEIGHTS Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): 9 Recorded Date: 7/23/2008 The Recorded Date might be due to a variety of changes; such as annexation, right-of-way, split, or deed. Check the Transfer History Report for details. This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Mbmaster. © 2005 Hamilton Co. 1 C /Z �. � � S Website Suggestions or Issues I Conditions off I Pri ac Policy I Site Map I Technical Help I HOE © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/apps/reportsltptparcelinfo.asp?sparcelno=171302020200300... 1 /27/2009 Carmel Board of Zoning Appeals June 23, 2008 north fagade has the e St. Vincent logo which ich he could see from Guilford. There was a sign in red directing to the emergency room Zong with numerous other signs. Will all those signs stay. He was having a hard time figuring out where -it would be hard for people to locate St. Vincent's. Mr. Adler stated the new sign would be in addition to the existing signs. The existing signs are facing north toward US 31 rather than Guilford Road to the south. He believed the signs were visible when people were in the roundabout. But further on Guilford the signs are not as visible. Mr. Hawkins asked if there would be landscaping and other decorative motifs in the roundabout. If so, this, sign would serve no purpose. Miss Boone did not know about the future landscaping for this new roundabout, but all the other roundabouts have some type of stone or landscaping design in the middle, MT. Adler felt the main benefit of thesign was for people approaching on Guilford before they reached the roundabout, They have tried to raise the sign above the height of the mound in the center of the roundabout. A large stone structure may obscure the sign. MT. Broach asked if there was a commitinent to landscape the new sign as portrayed in the drawing. Mr. Adler confirmed this sign would be landscaped like the other signs, Mrs. Torres moved to, approve Docket No. 08050004 V, St. Vincent Carmel Hospital-signage, with the Commitment to landscape the sign. The motion was seconded by Mr. Broach and APPROVED 3-1, with Mr. Potasnik casting the negative vote. 2h. Printing Plus Office The applicant seeks the following use variance approval: Docket No. 08050006 UV Agpendlx-A: Use Table Office uses. in residential district The site is located at5O5 East 116- Street and is zoned R1 /Residential Filed by Rex Neat of Printing Plus, owner. Present for the Petitioner: Rex Neal, Sheridan, IN, owner of Printing Plus. He would like to have his small office in this house that would be non -owner occupied. He has been in business 25 years. It is a very small company, He is the only full-time employee with 3 or 4 part-time employees. They print on small credit card sized plastic. Their customers do not come to the, office. With the garage, there will not be a need for any additional parking. He was not requesting any signs or lights. He will keep the house residential -looking. Since the cards are small, the delivery of five to ten thousand cards is made by UPS. He felt a family would be a lot more traffic than his small business. The part-time employees come in around 10:00 AM and leave in time to meet their children's school bus. It is zoned residential. However, 116 a, Street is becoming less and less conducive to people wanting to live there:. This property has been shown thirty to forty times, but no one wants to buy it for a residence because of the increasing traffic and noise. Some houses have been for sale for two to three years. The property values are going down because it is becoming less desirable to live there.. The could become rental i properties which are not maintained as well. The Westfield The Boulevard and 96 Street area is becoming rental properties and they are not maintained as well with lots of people living in one home. He will keep this house residential -looking. He felt this went along with the Comprehensive Plan: "Commercial development within residential communities generally should occur only when the commercial use is not of the, community original serving nature and when the intensity and scale is ,Page 13 of 22 Carmel Board of Zoning Appeals June 23, 2008 compatible with surrounding residential uses." He felt that was what he was proposing. It would look like a residence and customers would not. be coming and going. He will work there six days a week and usually brings his lunch. From time to time due to inclement weather, he does spend the night at the facility. He felt he was a good residential neighbor. Members of the public were invited to speak in favor or opposition to the petition. Favorable: Mike Godfrey, 2050 E 96`h Street. He also owns.a property on 116`' Street and at some point would also like to apply for a Use Variance. He felt- 11e Street was inappropriate for residential use at this point.. The immediate area has declined terribly. He has put a lot of money into his property to keep it maintained. He thought it was an appropriate use to allow a small business at this location. Candy & Ron Laswell, 505 E. 116'h Street, current owners of the property. They distributed a packet of information and pictures. They purchased the home in 1974. It has been. on the market for one year. They have had several showings. There have been multiple interests except for location and that is the most important thing in real estate. Unfortunately -they happen to be on one of the busiest streets in Carmel. When they moved there it was a two-lane road with a cornfield across the street that went for a mile in each direction. There were no traffic lights north of 86`h Street; they were in the country. They have watched Carmel grow and progress. That can be a double-edged sword. In their case, traffic has become almost impossible. She displayed a traffic count from November 2005. According to David Littlejohn, Alternative Traffic Coordinator, a more recent traffic count is in the works, but will not be available for about six months. In November 2005 they were averaging 15,000 cars per day in front of their home. That was before 116h Street was four lanes all the way from Zionsville, to Geist. Meridian/US 31 has become increasingly difficult to navigate because of transportation. The noise during the day and especially in the evening when they are sitting out on their back porch is extremely noticeable. In the Sunday, June 22, 2008 Indianapolis Star there was an article on the front page saying US 31 now carries 100,000 cars per day between Indianapolis and South Bend, They were probably not all at 116'h Street, but she felt 50,000 were on a daily basis. Over the course of the last year they have had interest in their home. The comments have all been good, except no one wants to live on a busy street and nobody wants the noise. It is no longer residential because nobody -wants to raise their children there or have their pets running near the street. She shared the pictures of their home showing traffic and the "For Sale" sign of a home that has been vacant for seven years. That home is gutted on the inside and has boarded up windows. The City has cut the grass on several occasions after receiving complaints. The homes are starting to deteriorate because they are vacant or going to rentals. There is a six -story building and an eight -story building in the Meridian Technology Center. The 79 homeowners in their homeowners association tried to fight the Meridian Technology Center construction. They did not have enough money or lawyers. Instead of the cornfield across the street,, they now have lakefront property with. a four -lane road between them and the lake. There is another two-story office building that was built in the past two years. Across from their driveway is the lake as well as a three-story office building. Also they can see the Duke Realty leasing sign and an assisted living facility with all- night lighting-. Next is another office.building and heavy traffic further east from their property. At College Avenue and Guilford Road. along '116`h Street are retail shops, three restaurants, a dry cleaner, a hair and nail salon, a clothing shop, a cooking school and a dentist. They are getting ready to. develop additional retail shopping just to the west of the last building. The horse property at the corner of College and 1161h Street is being touted as -possible commercial: She felt if a developer wants it bad enough, he will pay the $2 million price tag. They lived there a long time and updated and maintained their home which they love. Last year they felt it was too much traffic and noise. They moved before Page 14 of 22 Cannel board of ZDning, Appeals June 23, 2008 they put their home; on the market because they wanted to go to a place in the country again. They never thought it would take this long to get their housesold, especially in the condition they had maintained. There are 14 homes in a 79-home subdivision that face 11 6ffi Street; there are three rentals, one vacancy and one on the market for over a year. The house east of theirs which had just sold had been on the market for two years. Mr. Godfrey's house had been on the market about a year when he bought it. if this request is denied, they will need to market their house as a rental. They do not want to be landlords, but they cannot afford to let the property sit vacant. It is not good for the neighborhood and it is not good for the house. The rental fee would be good income. They are still paying the taxes and utilities, and maintaining the property. They had not had any opposition expressed from the neighbors they had notified. Mrs. Parish, I I a backyard neighbor, indicated she had no objection to the variance. Mr. Neal had made an effort to meet all the neighbors and let them know his plans. He will not need any signage or structural changes; so they were hoping for a favorable vote. Cindy Sylvester, ReMax at the Crossing. She verified the property had been listed since June 18, 2007. They have had 35 showings with great comments about the property. It has been updated, but people do not like the location or the road noise. People are concerned about raising children there or letting their pets out into the yard because of the traffic. Unfavdrable; Vicky Newlin, 11418 Central', Drive West, since 1965.,She lives behind the house that has been empty for seven vears. She is speaking to save her house and others, inside the subdivision. Once a business starts, she felt it would just take over the whole neighborhood. The house at 501 110 Street is advertised as a double and she did not think it was zoned for that. 'There has been a pressb,oaTd truck parked in front of it. She does not want to, lose her house to all of this, unless they were going to buy out the whole neighborhood. She is treasurer for the homeowners association and felt she spoke for a lot of people that are inside the neighborhood. Bill Howell, 11501 Ruckle Street, the street behind the property, since 1965. There had been a lot of changes. He thought the City would have taken them in by 1975 instead of three years ago. They waited until the residents had scwer- and water and everything they needed. Now they have higher taxes and might get a policesan quicker than the County Sheriff. He felt it was detrimental to the neighborhood to zone the property for business. This business might not be too bad,, but if one comes there will be more all up and down the street. They are there eight or nine hours, but what happens to all the -other hours when they are not there. A lot of things can -go wrong. He did not feel it would be advantageous to anyone in the neighborhood to have a business at this location. He recommended they keep the neighborhood residential as it was designed. There are a lot of people that are very happy on I I 6h Street with no problems. The houses do not turn very often. As Mrs. Laswell pointed out, there is office space down the street. Darrol McArthy, 11402 Ruckle Street, since 1966. He is a few doors closer to Meridian than the Laswell property and he scarcely bears the traffic. If you are outside and concentrate on it, you can hear it, but it is not a bother. This is s a nice area to live in. There is a lot of business space available on Pennsylvania .in Low-rise office buildings., He Ins never seen all the office space occupied. Plus there is new development between College and Guilford with space available. It was his opinion the area should stay residential. He thought this would have negative impact on the overall Northern Heights homes. During this last year, there has, been a housing sales slump and that could be the problem on getting a buyer. There are lots of workers, in the area that need affordable housing like the Northern Heights homes. The houses on'l 16'h Street are not suitable for families with young children. But there Page 15 of 22 Carmel Board of Zoning Appeals June 23, 2008 are many other people that need affordable housing. Keeping it residential would be a better image for this area that is one of the entrances into Carmel, rather than piecemeal businesses intermingled. Rebuttal: Mr. Neal is not requesting signs and the house will remain looking residential. He felt it would not look as well. if it became a rental. The office buildings available are $2000 to $4500 per month. He is the only full-time employee and cannot afford that much rent. The Public Hearing was closed. Mrs. Barton -Holmes gave the Department Report. There have been numerous variance requests for properties along 116th Street. The other section of 116t' Street is all residential and a two-lane street at that point. In this instance, there are commercial office uses to the north, east and west. This section of 116` Street is one of the most heavily traveled streets in Carmel. For at] intents and purposes, it is a four -lane -major commercial thoroughfare. Typically the Department does not support requests for businesses based in houses because they can be disruptive to the neighborhood with location and intensity of use. There will be no signage and parking will not be expanded, so it will still be a house with a few part-time employees. The Department felt this use could be a good transition of uses between the office parks to the north, east and west and the residential uses to the south. The Department weighs each such request on its own merits. They recognize there will probably be similar requests along this stretch of 116th Street: Coininercial uses can co -exist with residential uses if the commercial uses are similar in intensity to what would be permitted by a home -based business and it continues to function as a house. The Department recommended positive consideration of the request. Mr. Hawkins stated the application states it is not owner or renter occupied and it has been vacant. He wanted to know if Mr. Neal was currently using the house. He also asked if the driveway connected to the adjacent property. Would he commit to using the garage for parking? Lt r. Neal stated he would be moving his business into the house. There are concrete barriers between e two driveways. They would not be encroaching and the neighbor has no problem with the business cupying the house. There is a two -car garage, so there would probably be only one car setting in e driveway. Mrs. Torres wanted to reiterate this is a Use Variance, not a change in the zoning. It will still .remain R-1 Residential zoning. Mr. Hawkins moved to approve Docket No. 08050006 UV, Printing Plus Office with the Commitment to use the garage for employee parking, so there will be no stacking. The motion was seconded by Mrs. Torres and APPROVED 4-0. 3-13h. KFClTaco Bell The applicant seeks the following development standards variance approvals: Docket No. 08050007 V Section 27.08 Reduction hi Parking Docket No. 08050008 V Section 23 C:11 G Drive -Through. Stacking Spaces Docket No. 08050009 V Section 23 C10.02 Foundation planting reduction Docket'No. 08050010 V Section 23 C.08.03 (b) Bufferyard reduction Docket No. 08050011 V Section. 23 C.10.03 Parking lot planting strip reduction Docket No. 08050012 V Section 25.07.02-08(a) Monument sign in addition to wall signs Docket No. 08050013 V Section 25.07.02-08(b) Additional wall signs Page 16 of 22 Crry OF CARMEL f NIES BRAD::\hl ., i%,/1A k:M LETTER. of GRANT June 24, 2008 Rex Neal Printing Plus 7433 Westfield Boulevard Indianapolis, IN 46240 Re: Printing Plus — 08050006 UV Dear Mr. Neal: At the meeting held Monday, June 23, 2008, the Carmel Advisory Board of Zoning Appeals took the following action regarding the Use Variance (UV) filed by you for the property located at 505 East 116th Street. APPROVED: Docket No. 08050006 UV Use Variance for office uses in a residential district with the Commitment to use the garage for employee parking. If I can be of any further assistance, please do not hesitate to contact me at 3171571-2417. Sincerely, Chr'stine Barton -Holmes Planning & 4oning Administrator Department of Community Services DEPARTMENT OF COMMUMITY SERVICES ONE CIVIC SQUARE, CARMEL., IN 46032 PHONE 3 17.571.2417. FAX 317.571.2426 MICHAEL P. HOLUBAUGH. DIRECTOR