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HomeMy WebLinkAbout00002589OF RT�CR���� � iCity of Cann DEPARTMENT OF COMMUNITY SERVICES -PIA a Division of Building and Code Services VIA CERTIFIED MAIL February 19, 2009 I & I Ranch LLC 411 First Avenue NW Carmel, IN 46032 RE: ZONING ORDINANCE VIOLATION — WINDOW SIGN(S) Dear Sir or Madam: This letter is being provided to inform you that a window sign(s) violation has been brought to this department's attention. The sign(s) advertises for Skin Sense Spa, located at 411 First Avenue NW, in the City of Carmel, a property listed under your ownership. According to Section 25.07,02-12 Window Signs, of the Carmel/Clay Zoning Ordinance the signage is in violation of the ordinance ( copy enclosed ), window signs may not exceed 30 percent of the window's area. While the business use on the site has been legally established by the grant of a variance of use (07080018 UV), the window signs have not been legally established by the issuance of a sign permit. The original violation for the use of the dwelling unit as a spa has been resolved, while the sign violation persists. This letter shall serve as the first and final warning for this type of violation. After the date established by the Violation Notice any temporary sign advertising for this establishment shall be documented and formal enforcement action will be taken. In order to remedy this situation, the signs may simply be removed from the windows, or you may apply for and obtain all necessary sign permits to legally establish the window signs. If this issue is not addressed by February 24, 2009, further enforcement action will be taken. If you have any questions or comments regarding this matter, please feel free to contact me at (317) 571-2423. In order to apply for sign permits, please contact Rachel Boone, Sign Permit Specialist, at (317)571-2280. Thank you for your cooperation. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 M . tfully, j 7 Bryan Pohl Code Enforcement Inspector Department of Community Services Cc: File:00002589 Enclosure ONE CIVIC SQUARE CARV EL, INDIANA 46032 317/571-2417 ()F NO ulty of Carmel 1 DIANN DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Services January 23, 2009 WA CERTIFIED MAIL I & lRanch LLC 411 First Avenue NW Carmel, IN 46032 COPY RE: ZONING ORDINANCE VIOLATION — LAND USE Dear Sir or Madam: This letter is being provided to inform you that our department has, recently received some concerns regarding 411 First Avenue NW, a property listed under your ownership. This property is currently zoned residentially (R2), which does not permit for business operations to be run from the property. The only standards that permit for a business to be run from a residential property are the Home Occupation standards of §25.18, which are enclosed for your reference. An inspection was performed of the property on January 23, 2009. On this occasion, several signs for Skin Sense Spa were visible in the windows of the dwelling unit, as, well as a small open sign on the entrance to the rear of the dwelling. Furthermore, the nature of the improvements on the property would suggest that the attached' garage has been converted to living or business space without the acquisition of proper building permits that would be necessary to perform such work. The nature of the home occupation standards is to allow a home business to operate with NO visible evidence or impact upon the property's residential character. There is a certain impracticality of attempting to run a spa business in a residential neighborhood in a way that would not impact the residential character, much less have no visible exterior evidence of the business when the business requires signage and parking in excess of what is customarily needed for a single-family dwelling. Given the nature of these issues, these are violations of the Ordinance and must be corrected no later than February 13, 2009. Failure to abide by the conditions of the Ordinance will result in additional enforcement action, including written citations, legal prosecution, and court costs. Please feel free to contact me at (317) 571-2423 if you have any comments or questions. Thank you for your cooperation. 4 Re-pectff Illy, 'y Bryva,, W. Pohl Code Enforcement Inspector Department of Community Services, cc.& File:00002589 (enclosure) Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report ,^ 1. report type 2. property search 3. view re orts 000 Reset new search general parcel Info. ill spring tax siate-m—e-n—t--j I 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 informatio different reports may not match. All information has been derived from public records that are constantly undergoing change and is not warranted for i accuracy. It may not reflect the current information pertaining to the property of interest. County Parcel No: 16-09-25-12-02-001.000 State Formatted Parcel No: 29-09-25-099-001.000-018 Property Address: 411 First Ave Nw Carmel, IN 46032 Deeded Owner: I & I Ranch LLC Owner Address: 411 First Ave NW CARMEL , IN 46032 Legal Description: 66.0 X 166.0 UA 137-159 6/22/81 326-724 10/10/97 FR FEASTER 9743199 Section/Township/ Range: 25/ 18/03 Subdivision Name: Block: Deeded Acres: 0.26 Political Township: Clay Lot Number(s): Recorded Date: 11/5/2007 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 I © 2005 Hamilton Co. Website Suggestions or Issues I Conditionsof Use I Privacy Policy I Site Ma_p I Technical Help HOME © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.us/apps/reports/rptparcelinfo.asp?sparcelno=160925120200100... 1 /23/2009 25.18 Home Occupation.i5 25.18.01 Standards Generally. A. Floor Area: Home Occupations shall utilize no more than fifteen percent (15%) of the gross floor area of the dwelling. B. Character: 1. The Home Occupation shall not change the character of the Dwelling, Lot or parcel; 2. The Dwelling shall not bear any indication from the exterior that it is being utilized in whole or in part for any purpose other than a Dwelling; 3. The Home Occupation shall not be permitted outside storage or display of materials in connection with the Home Occupation; 4. The Home Occupation shall not be permitted signs other than those normally permitted in the district in which the Home Occupation is located. C. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance. D. Employees. The Home Occupation shall employ no more than one (1) individual outside of the immediate family. E. Deliveries. The delivery of any materials for the Home Occupation will not exceed two (2) trips per day by any vehicle not owned by a family member. F. Equipment. The Home Occupation shall utilize only mechanical equipment that is customarily used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment or is customarily found in a business office. 25.18.02 Excluded Uses: A. antique or gift shop; B. serving of food or beverages; C. animal hospital or commercial kennel; D. automobile repair; E. major appliance repair or services; and F. any processing or manufacturing that produces noxious materials or products. All, @jk r`°xf�� 4•r'_.i E"u4 s..,'�*.t y.�.i',�•i3i rjid'L#�.: �1 .�•.%y :r'� ��'� � � �� s �x .. �"++ ''�, p b P . MU .. i. rw �. - � t F� �? ^�R ,0�.• ` ter. +ee+� y .. r ti • s m .II r xx fi i t � �#. a�*ay' r � A��C ° v •'. $ f �/ �(+gn�: RioF'� G•�7"�� 'c -� •. sir to �.: f Cr +.T'��. nsw.,..:., .,.,_. - _ r � I ' - . +q+n, a? INLPlAN11 r _ co r } r Lilko R /; �• V'ri • r JP-w room r t,A 1i�la' P M, - 4 � k I f 1� M � I fi�e►