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HomeMy WebLinkAbout00001209■ 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. f 1. Article Addressed to: Susan-Pieples, 1325 111 th St E Indianapolis, IN 46260 A. Sig C� X �U Z �U.7/J' Agent Addressee B. Received by (Pr/nteq Name) C. Date of Delivery D. Is delivery address different from item 1? tJ Ym If YES, enter delivery address below: ❑ No 3. Service Type CE07020007 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article(Trans rfromNumb7005 1160 0000 7333 7401 (Transfer from service label) PS Form 3511, February 2004 Domestic Return Receipt 1025e5-02-M-1540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box c iTY OF CARMEL CODE ENFORCEMENT FIRST FLOOR ONE CIVIC SQUARE C, -MEL, INDIANA 46032 ■ 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. 1 1. Article Addressed to: Kurt J. Pieples 1325 1111h St E Indianapolis, IN 46280 A. Signature X._ XAgent ❑ Addressee e. Received by (Prin Name) C. Date of Delivery /n-tC/ A ,� 3-1-67 D. Is delivery address different from Item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. t9myce Type CE07020007 4kKGertified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (rmnsfer from servke la7QQ5 1160 ❑QQO 7333 7418 bel) PS Form 3811, February 2004 Domestic Return Receipt 1025e5-02-W540 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box . ITY OF CARMEL C•'',;OE ENFORCEMENT FIRST FLOOR ONE CIVIC SQUARE CARNIEL, INDIANA 46032 ■ Complete ,,_ns 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 mailplece, or on the front if space permits. { 1. Article Addressed to: AW Susan Pieples 1325 E. 111 "' St Indianapolis, IN 46280 00001209 2. Article Number (Fmnsfer from service taboo PS Form 3811, February 2004 AA Signatipre X a. Received by Delivery Is delivery address different from Item 17 U 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) 7007 0220 0002 7532 31113 Domestic Return Receipt ❑ Yes 112595-02-ML1560 UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box CITYOF CARMEL CODE ENFORCEMENT FIRST FLOOR ONE CIVIC SQUARE CARMEL, INDIANA 46032 1'131; 11111111111111111111111111111111111111fig 111111111111111111'il CITY OF CARMEL DAMES BRAIAIARD, MAYOR DEPARTMENT OE COMMUNITY SERVICES' BUILDING & CODE SERVICES - 1ST FLOOR 7D07 0220 0002 ONE CIVIC SQUARE. CARMEL,IN 46032 SPSfS POST 02 I P $ 005.210 7532 2733 ,, 0002586177 JUN 29 2007 '= MAILED FROM ZIPCODE46032 Susan Pieples 1325 1 I `I' e+ v Indian NIXIE 462 4C 1 75 07/07/07 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD BC: 46032735999 *0095-12115-07-19 4603207SSS IIIIIIIII I III In will I ilullnIi 11111111I1I11llllll 1T:;tN:;i;+,:+; ■ 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. 1. Article Addressed to: Susan Pieples 1325 11 "St., E. Indianapolis, IN 46280 CE 07020007 2. Article Number (rransfer from sere/ce Iabeq PS Form 3811, February 2004 A. Signature X ❑ Agent B. Received by (Pdnfed Name) I C. Date of Delivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Certified Mall ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 7007 0220 0002 7532 2733 Domestic Return Receipt 10259502-01-1500 Susan Pieples 1325 E. 11 ls' Street Inciianapolis, IN 46280 Mr. Kevin Brennan Code Enforcement Officer Department of Community Services One Civic Square Carmel, IN 46032 U.S. POSTAGE $4.84 FCM 46032 DEN Of ..I. 03/03/07 02 1P00 02314216 9171 8052 2878 0048 0158 71 RETURN RECEIPT REQUESTED y T E -A R E R E I3 BAKER & DANius r,LP EST. 1863 MATmEW S. Srmraox, AICP Attorney at Law Direct 317.569.4835 matt.skettongbakend.com February 21, 2008 Mr. Kevin Brennan City of Carmel Code Enforcement Office One Civic Square 1 st Floor Carmel, IN 46032 Via First Class Mail RE: Broad Horizons Montessori School Dear Kevin: INDIANA WASHINGTON, D.C. CHINA This letter is being provided to you regarding the Broad Horizons Montessori School (the "School") located at 1325 East I lth Street. As you know, the owner of the School, Susan Pieples, is aggressively searching for another location for the School. Mike Butler, next door neighbor to the School and neighborhood spokesperson, has asked Mrs. Pieples to agree to move the School operation by the beginning of the 2008-2009 school year. Mrs. Pieples has agreed to move the school by August 1, 2008. In speaking with Mr. Butler and Carmel Community Services Director Mike Hollibaugh, it was suggested that this agreement be reduced to writing so you would have a paper trail for your file. In response, this letter reiterating Mrs. Pieples' agreement to move the School by August 1, 2008 is hereby submitted. We appreciate your patience in this matter. If you have any questions, please feel free to contact me at 569-4835. Very truly yours, Matthew S. Skelton MSS:rgd cc: Mike Butler Mike Hollibaugh Susan Pieples City of Cannel DEPARTMENT OF COMMUNITY SERVICES Division of Building and Code Services VIA CERTIFIED MAIL July 16, 2007 Susan Pieples 1325 111' St E Indianapolis, IN 46280 RE: ZONING ORDINANCE VIOLATION — LAND USE Dear Ms. Pieples This letter is being provided to inform you that our department has recently received some concerns regarding 1325 1111h St E, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (R1), which does not permit for business operations to be run from the property. The only standards 4hat permit for a business to be run from a residential property are the Home Occupation standards ol §25.18 of the Carmel Zoning Ordinance. 25.18 Home Occupation 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. 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 child drop- off and pick-up tends to create more of a commercial atmosphere which violates these regulations. There is a certain impracticality of attempting to run a Montessori School in a residential neighborhood in a way that would not impact the residential character, much less have no visible exterior evidence of the business. I have conducted inspections of the property on numerous occasions and also stopped in to conduct a partial interior inspection. The ordinance allows for only 1 unrelated employee and your school exceeds that on a daily basis. Also the ordinance ONE QVICSQUARE CARMEL,INDIANA46032 317/571-2417 allows for only 15% of the square footage of your home to be devoted to business use. In that you also exceed the regulations. The only solutions available to you are: 1) relocate your business to a commercially zoned property 2) apply for a variance of use to allow the business to remain 3) rezone your property to a commercial classification This is a violation of the Ordinance and must be corrected. Failure to abide by the conditions of the Ordinance will result in a summons to appear in Carmel City Court for a continued lack of compliance. You have until July 31, 2007 to communicate your choice of compliance to this office. Please feel free to contact me at (317) 571-2423 if you have any comments or questions. Thank you for your cooperation. Respectfully, r . \ n Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File:00001209 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 G`S,t OF Cggh� City of Cannel.. DEPARTMENT OF COMMUNITY SERVICES �N10 MAP` Division of Building and Code Services VIA CERTIFIED MAIL June 15,2007 Susan Pieples 1325 111`h St E Indianapolis, IN 46280 RE: ZONING ORDINANCE VIOLATION — LAND USE Dear Ms. Pieples: This letter is being provided to inform you that our department has recently received some concerns regarding 1325 1111h St E, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (R1), 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. 25.18 Home Occupation 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. Emplovees: 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. 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 child drop- off and pick-up tends to create more of a commercial atmosphere which violates these regulations. There is a certain impracticality of attempting to run a Montessori School in a residential neighborhood in a way that would not impact the residential character, much less have no visible exterior evidence of the business. I have conducted inspections of the property on numerous occasions and also stopped in to conduct a partial interior inspection. The ordinance allows for only 1 unrelated employee and your school exceeds that on a daily basis. Also the ordinance ONE CIVIC SQUARE CARMEL,INDIANA46032 317/571-2417 allows for only 15% of the square footage of your home to be devoted to business use. In that you also exceed the regulations. The only solutions available to you are: 1) relocate your business to a commercially zoned property 2) apply for a variance of use to allow the business to remain 3) rezone your property to a commercial classification This is a violation of the Ordinance and must be corrected. Failure to abide by the conditions of the Ordinance will result in a summons to appear in Carmel City Court for a continued lack of compliance. You have until July 15, 2007 to communicate your choice of compliance to this office. Please feel free to contact me at (317) 571-2423 if you have any comments or questions. Thank you for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File: CE07020007 ONE QviC SQUARE CARWL, INDIANA 46032 317/571-2417 / 4\�oe CAR,yF rQrRT tRsyA� City of Cannel \ / DEPARTMENT OF COMMUNITY SERVICES I ine/ Division of Building and Code Services , VIA CERTIFIED MAIL February 27, 2007 8 �li� COPY Kurt J. Pieples r` 1325 Ill" St E Indianapolis, IN 46280 RE: ZONING ORDINANCE VIOLATION — LAND USE Dear Ms. Pieples: This letter is being provided to inform you that our department has recently received some concerns regarding 1325 111'h St E, in Clay Township, a property listed under your ownership. This property is currently zoned residentially (R1), 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. 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 child drop- off and pick-up tends to create more of a commercial atmosphere which violates these regulations. There is a certain impracticality of attempting to run a Montessori School in a residential neighborhood in a way that would not impact the residential character, much less have no visible exterior evidence of the business. The Home Occupation standards require that the person operating the business also occupies the structure for residential purposes. It has been brought to our attention that no one resides in this home other than to operate the school during working hours. This is a violation of the Ordinance and must be corrected. Failure to abide by the conditions of the Ordinance will result in additional enforcement action. Please feel free to contact me at (317) 571- 2423 if you have any comments or questions. Thank you for your cooperation. Respectfully, Kevin Brennan Code Enforcement Officer Department of Community Services Cc: File: CE07020007 Enclosure ONEQVICSQUARE CARMEL,INDIANA46032 317/571-2417 Susan Pie les 1325 E. 111 Street Indianapolis, IN 46280 March 2, 2007 Mr. Kevin Brennan Code Enforcement Officer Department of Community Services One Civic Square Cannel, IN 46032 Dear Mr. Brennan: I am writing in response to the letter RE: Zoning ordinance violation — Land Use which I received yesterday. I believe I am in compliance with the Home occupation standards 25.18. In you letter you make two points: 1. Residency in the property. This is my home and I do live here. Attached is a copy of my driver's license and voter registration card to show where I have established residency. I think you should re-examine the source of the information "that no one resides in this home other than to operate the school during working hours." For starters, my daughter who was home doing her laundry, received your letter from the mail man and signed it as you will see. I sleep here, eat here, bathe here, and work here. Except for a small period of time when my washing machine was broken, I also do my laundry here and I receive my mail and phone calls here. I also have a mother who is seriously ill and frequently calls me for assistance in the evenings (including a couple of nights spent at the ER in the last few months), a daughter who is attending school in Muncie that I often visit, and a son with autism, who lives across town and occasionally requires supervision. In addition to these responsibilities and that of working with the children in my home, I am on the Autism Task Force at the Dept. of Education, President of the Autism Society of Indiana, and co-chair of the Sub -Committee for Consumer Involvement on the DHMA Transformation Workgroup. These additional volunteer activities frequently take me out of town and/or state for TV appearances, speaking engagements, conferences, meetings and emergency support for other families. My hours may not be "regular" but I am at home as much as most busy business people. Furthermore, when complaints first began to be reported to the Zoning Department, I invited the Department to come in and inspect my home. I was told at that time, that I was in fact in compliance and that as long as I lived here, there would be no further threats from the Zoning Department. 2. Commercial atmosphere - I feel that concerns about drop off and pick up are rather disingenuous on the part of the individual registering the concern and that it is a stretch to say that this provides a commercial atmosphere. Certainly the traffic effect of my few students is not anywhere near what is to be expected from Central Park or the Apartments nearby, and does not back up traffic like the blinking lights of the Monon Trail. The number of cars is nowhere near the Church a block down the street or the center that is located at 11 lth Street and Pennsylvania. As for the "visible impact' this was specifically discussed with the zoning department and I was told that this operation was comparable to a home day care, and that neither the traffic of drop off and pick up nor the "noise" of children at play in our back yard would be considered as a "visible impact'. In order to be in compliance with this I intentionally have no entrance and exit signs, no signage identifying the school, no obnoxious lighting and no real indication that this is other than a home. These kinds of signs do exist in the above mentioned locations and the power plant directly across the street from me. I have a well manicured lawn with flowers and trimmed trees and have made it a point not to grow this endeavor beyond what can be handled comfortably in my home where I have had the school for 3 years now, without affecting the neighborhood in any negative way. The atmosphere here is one of loving and caring, and not commerce. It is to help and support people stricken with Autism that need a helping hand. I can also assure you that I do not do this for the money at all, as there is very little going into my pocket. This is however my mission in life and I am willing to do whatever it takes to maintain this school in my home. My attorney has assured me that I have taken all of the appropriate steps and that this is probably politically motivated. I am not sure what you know of the history of my residence, but you should be aware that I have been continually harassed by one of my neighbors who does not "want those children here" Although the face to face verbal confrontations they have inflicted on my son, my friends and the parents of children are certainly violations of the Americans with Disabilities Act, I have tried to shrug off their inappropriate behavior and live in peace with my neighbors. The multiple calls to the Sherriff's department by one member of my neighborhood were met with a similar response and increase to the parking area. In fact, in order to avoid continued conflict, I do not use twelve feet of my own driveway which they claim blocks their view. Should you decide that further action on your part is required, we should discuss the facts surrounding the report I received from the zoning team stating that my use of the property is in line with a special use variance or a home occupation. We should also discuss the facts surrounding the city attorney asking me to withdraw my request for a special use variance with the offer that he would help us determine the most appropriate way to proceed and then never returning an entail or call from me to handle this situation. Your department kept my variance fees and has been unresponsive other than the periodic letter from the Code Enforcement area when someone unaffected by my actions gets an itch to complain. You might also want to compare our situation to the Acorn Montessori School which has existed at 620 Kinzer Avenue, Carmel,(an RI zone)for 21 years. Lastly, we are not talking about a "commercial enterprise" but a "school" which is an acceptable "special use" in an RI zone. 2 Please send me immediately any and all records of the complaint(s) you have received and I will do what is reasonable to resolve the specific situation. Perhaps giving me permission to put in a circular driveway would lesson the impact of the drop off and pick up keeping it to a shorter amount of time and moving the exiting cars away from the nearby corner. Thank you for making me aware of the concern and I look forward to hearing from you to get this resolved. Sincerely, S��✓Iu"--�j c J�K�.� K Pieples "`"b' cc: Rev. Kurt Pieples S. Meier, Esq.