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HomeMy WebLinkAbout00002395City of Ca DEPARTMENT OF COMMUNITY SERVICES \'-!NDIANa Division of Building and Code Services VIA CERTIFIED MAIL April 14, 2009 Wentworth Investments LLC Attn: Paul Abbenhaus 5017 E. 146`h Street Noblesville, IN 46062 RE: ZONING ORDINANCE VIOLATION — LAND USE To Whom It May Concern: This letter is being provided to inform you that our department has recently received some concerns regarding 121 Winona Drive, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (R-2), 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 of the Carmel Zoning Ordinance (see Enclosed). 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. Activities such as large commercial vehicles, gathering of employees, and the storage of trailers, equipement, and materials, violates these regulations. There is a certain impracticality of attempting to run a landscaping 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 storage of machinery, vehicles, trailers, and materials, regardless of whether or not they are stored indoors or outdoors. A reinspection was performed of the property on April 14, 2009, revealing trailers, a truck modified with a snow plow, and various other implements of the landscape business operating from this site were observed. Any violations of the Home Occupation Ordinance must be corrected by the cessation of the business from this address, the removal of the equipment, the vehicles and trailers, and any materials stored on the property no later than April 24, 2009. If you would like to seek a variance to continue to operate this business from this property, you need to contact Christine Barton -Holmes in our Planning and Zoning division at (317) 571-2417 and file an application for that process. Please understand that this is the third time that the City of Carmel has attempted to bring this property into compliance. Please understand that failure to abide by the conditions of the Ordinance will result in additional enforcement action, including a written citation and the requirement for you to appear in Carmel City Court. This is your final notice. Please feel free to contact me at (317) 571-2423, if you have any questions. Thank you for your cooperation. Respectfull Bryan W. Pohl Code Enforcement Inspector Department of Community Services Cc: File:00002395 Am 91- aol q h 1 r y.1 • "� -. .gip � • i. eelm _ 7� t r *e <I M, ,.� ... � 1 i 1F-s' � , # ` � 1. i ` � w.. t 9,A f ,� � �. � is h`• �, , a 4 �.. �c�t� � � � ''�.e-�'�, - � ,dam• *� � `, a j s. n � � �. d"° ' � •a �. � i;� a �, � .�� � _ w . _��, ..4. ,< . '! � • -\ ... ,,...,. ^' ...f.� .r. .. t - ... ,. sue. 6 ,:; y �� 1 .. ..> .. � - � ` s � , ram. ., x s.: �a,.� ' # - ..v y � i A bM1 < � +in. A� � i r�. . .tee � n .. No Text �� ��••rr .: _, i �"� l A ,�+J�� r a� �py;Pi., X ��1R �.,�� �'� r r' mf '� - �t'..' ii. IQ� �. + ♦fit �, ,i WOO.,' nT- '• t 1 (ri -•� N.Tj.i - ... �"� M �.• _ • - 1 k"1 r ��. .j.` 'y ��`••`SSSSSS� � Y 1�� ��i � _� 'Y "� � 5 3MP� �.� � .. f � 7'.. 14-1 a + " �!'K0# ``• yam.♦ y�s�.�. � a¢-�y�♦+. � } � ftj0-wG: � e 1 � o, 1 . VVV 1. .. IT, .. - -L ., - .w.�w.+..•w( - \]Wi. ry ..n .. �T • :Y r.a f! N�. ♦ _'1 d . � ,' � .� ,, � � ;R_as Z ��F .�/ t`"� f r - e � z „'j �, . r L logo {al winun a-'Dy- +�.: u, s '.' � '�' qt� .•. .z �-'.. �' ,- - ',a � j�� r fri ; � C �ar �.'�'�� >.. r '{Y • f�:.. •� ' ; > t(1 , reµ - � �{. k '.1 .`�F A.r 1_ 4-4 R 'aIse d` T .,,�&�`y ey .:. . r .. t •! r� � fk �.. •}��. �' - .. I ,; � ,. !''may, h'r �/Y `. -.{';_ TU LL� rL •' � s%r �.1a 1 , a tT w TNFr., AQ� `, : ity C of Carmel Mf3t'l.R I MIEN 1 OF l.rOMMUITY :)i_:[Z V1.CES I.NDiaNP- Division of Building and Code Services VIA CERTIFIED MAIL September 18, 2008 Wentworth Investments LLC 5017 E. 1461' Street Noblesville, IN 46062 RE: ZONING ORDINANCE VIOLATION — LAND USE To Whom It May Concern: This letter is being provided to inform you that our department has recently received some concerns regarding 121 Winona Drive, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (R-2), 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 of the Carmel Zoning Ordinance (see Enclosed). 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. Activities such as large commercial vehicles, gathering of employees, and the storage of trailers, equipement, and materials, violates these regulations. There is a certain impracticality of attempting to run a landscaping 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 storage of machinery, vehicles, trailers, and materials, regardless of whether or not they are stored indoors or outdoors. An inspection was performed of the property on September 8, 2008. Any violations of the Home Occupation Ordinance and must be corrected by the removal of the equipment, the vehicles and trailers, and any materials stored on the property no later than October 31, 2008. If you would like to seek a variance to continue to operate this business from this property, you need to contact Christine Barton -Holmes in our Planning and Zoning division at (317) 571-2417 and file an application for that process no later than October 31, 2008. Failure to abide by the conditions of the Ordinance will result in additional enforcement action. Please feel free to contact me at (317) 571-2476, if you have any questions. Thank you for your cooperation. Respectfully, Laura Rouse-DeVore Code Enforcement Inspector Department of Community Services Cc: File:00002395 25.18 Home Occupation.is 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. Hamilton Co., IN - Online Reports Page 1 of 1 Parcel Information Report 1. report type 2. property search 3. view re orts Reset new search ILgeneral parcel info. spring tax statement tax payments property card fall tax statement Disclaimer: The information available through this program is current as of 9/3/2008. This program allows you to view and print certain public records. Each report reflects information as of a specific date; so the Informatiol 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. Parcel No: 16-10-31-01-10-002.000 Property Address: 121 Winona Dr CARMEL, IN 46032 Deeded Owner: Wentworth Investments LLC Owner Address: 5017 146th St E NOBLESVILLE , IN 46062 Legal Description: NEWARK VILLAGE 86.5 X 258 A 12/09/88 FROM ARTMAN 01/18/89 FROM ANDICH Section/Tow nsh i p/ Range: 31/ 18/04 Subdivision Name: NEWARK Block: Deeded Acres: 0 Political Township: Clay Lot Number(s): 78 Recorded Date: 10/27/2005 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. Roane Website Suggestions or Issues I Conditions of Use I Privacy Policy I Site Map I Technical Help I HOME © 2006, Hamilton County, Indiana - all rights reserved. http://www.co.hamilton.in.uslapps/reportslrptparcelinfo. asp?sparcelno=16103101 l 000200... 9/10/2008 � e a %\§ )o 272 »z ,Oo2 OO | � [ d {0 �2 . )g 2 (D% \ \k \ �( \\_ = n_ e j © § � e , - o\jk) 05 S%t�ta ©0:5 }@22a �e3-»o gc=EaH .7777E « v a) 72 E5E§ $ fn a)C k- comma !L—CC .EEtaq'0 / 3 a -co ■ ■ ■ � � � ƒ O e c � « rl m ,9 m O� O 0 O, C:3I rq Q m O r- k ) § cli } { J k R \ b k ± k E / _ Q) ul z 0 A (a Z b 'ao r OC, 0 z;D 0 Anz r -ID-A rp olqo oam ;u 001 0 --j C3 C3 w C3 L-� Ln C3 0 0 C3 C3 w p w L-i