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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
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2. Article(Trans rfromNumb7005 1160 0000 7333 7401
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PS Form 3511, February 2004 Domestic Return Receipt 1025e5-02-M-1540
UNITED STATES POSTAL SERVICE
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c iTY OF CARMEL
CODE ENFORCEMENT
FIRST FLOOR
ONE CIVIC SQUARE
C, -MEL, INDIANA 46032
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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
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If YES, enter delivery address below: ❑ No
3. t9myce Type
CE07020007
4kKGertified Mail
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❑ C.O.D.
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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
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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
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CARNIEL, INDIANA 46032
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{ 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
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❑ Certified Mail ❑ Express Mail
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7007 0220 0002 7532 31113
Domestic Return Receipt
❑ Yes
112595-02-ML1560
UNITED STATES POSTAL SERVICE
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CITYOF CARMEL
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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;+,:+;
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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
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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.