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Home My WebLink About 2003.0024� Ll 4�b \ • ,04Aoot A • �d" _�� City of Carmel —�"ToH p0 DEPARTMENT OF COMMUNITY SERVICES February 21, 2003 Helen M. Richardson Or Current Owner 10495 Lakeshore Place Carmel, IN 46033 Dear Property Owner: This letter is to inform you that an inquiry has been made to our department regarding a possible group home located at 10495 Lakeshore Place. Please be advised that this property is in a S-2/Residence District, and may only be used for the following purposes: single-family dwelling, home occupation or residential kennel. However, enclosed is the definition of a group home, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. State Law (IC 12-28-4) does offer protection for licensed group homes by stating that local zoning ordinances: • "...may not exclude a residential facility ... from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related." • To resolve this matter please provide the Department with a copy of the State License under which this group home operates. If this is not a properly licensed group home, then this matter may be construed as a commercial use of property in a S-2/Residence District. To avoid further enforcement action, please forward a copy of the appropriate license within 10 days. If you have any questions or feel you have received this letter in error, please do not hesitate to contact me at 571-2423. Sincerely, C;X�t "- Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosures cc: file:2003.0024 ONE CIVIC SQUARE CARMEI , INDIANA 46032 317/571-2417 li -� ru C3 0' 0 C3 C _ ru 0 Ir - w W -� Ln Lfl • \Qu91 Q �P�o ;CitY of Carmel ? >o„ IDEPARTMENT OF COMMUNITY SERVICES March 6, 2003 Khari Nixon & Michelle R. Burch 10495 Lakeshore Place Carmel, IN 46033 Dear Property Owner: This letter is to inform you that an inquiry has been made to our department regarding a possible group home located at 10495 Lakeshore Place. Please be advised that this property is in a S-2/Residence District, and may only be used for the following purposes: single-family dwelling, home occupation or residential kennel. However, enclosed is the definition of a group home, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. State Law (IC 12-28-4) does offer protection for licensed group homes by stating that local zoning ordinances: "...may not exclude a residential facility ... from a residential area solely • because the residential facility is a business or because the individuals residing in the residential facility are not related." To resolve this matter please provide the Department with a copy of the State License under which this group home operates. If this is not a properly licensed group home, then this matter may be construed as a commercial use of property in a S-2/Residence District. To avoid further enforcement action, please forward a copy of the appropriate license within 10 days. If you have any questions or feel you have received this letter in error, please do not hesitate to contact me at 571-2423. Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: file:2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 ■ 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: Jeff Heer !! 10974 Wintercove Way Fishers, IN 46038 A. Signet e X -AYl B. Recei by (Pant �r ❑ Agent D. Is delivery addresd different from item 1? ❑ yet If YES, enter delivery address below: ❑ No 3. Se9&eType Certified Mail Cl Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number 7002 D460 0002 0693 3077 (Transfer `ran service label) PS Form 3811, August 2001 Domestic Return Receipt 102595o2-M-1540 • o 4`i f CA 4 Q o Cityof Carmel "r<>o„ 00 DEPARTMENT OF COMMUNITY SERVICES June 6, 2003 Jeff Heer 10974 Wintercove Way Fishers, IN 46038 Dear Mr. Heer: This letter is to inform you that an inquiry has been made to our department regarding the property located at 10495 Lakeshore Place. Based on the information you offered in our telephone conversation, the Department has determined the use to be a Nursing, Retirement or Convalescent Facility (see enclosed definition). Please be advised that this is not a permitted use in the S-2/Residence District. Enclosed is the definition of a nursing, retirement or convalescent facility, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. In order to continue the operation of a Nursing, Retirement or Convalescent Facility, you is You need to obtain a Land Use Variance from the Carmel/Clay Board of Zoning Appeals. You may also seek to obtain a license from the State of Indiana to operate a Residential Facilityfor the Mentally Ill or Developmentally Disabled. These types of residential facilities are recognized by ordinance in residential districts. To avoid further enforcement action, please contact the office to discuss these options within 10 days. If you have any questions, please do not hesitate to contact meat 571-2423. • Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: Khari Nixon & Michelle R. Burch, 10495 Lakeshore Place, Carmel, IN 46033 file: 2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 ■ Complete items 1, 2, and 3. Also complete item 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: Jeff Heer 10974 Wintercove Way Fishers, IN 46038 A. ❑ Agent X ❑ Addressee B. Received by (Printed Name) C. Date of Delivery D. Is delivery address different from Rem 1? 13 Yes If YES, enter delivery address below: ❑ No 3. Se ice Type IF Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ yes 2. Article Number 7002 2410 0002 5355 6815 I! (/can's/er lrom service lebelJ PS Form 3811, August 2001 Domestic Return Receipt oases oz-M- sao NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: July 17, 2003 AT 3:15 P.M. City of Carmel/Clay Township RECORD # 2003.0024 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 10495 Lakeshore Place, Carmel, IN 46033 OWNER or TENANT: Jeff Heer/Khan Nixon & Michelle R. Burch Mailing Address: 10974 Wintercove Way, Fishers, IN 46038 Nature of Violation: Operating a nursing, retirement or convalescent facility in the S-2/Residence District. Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Section 6.1: Permitted Uses, S-2/Residence District Date/Time of Violation: Since on or before May 29, 2003 • Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments: DO NOT DISREGARD THIS NOTICE!! Please contact the inspector listed below immediately Inspector Name: Phone (317) 571-2423 Adrienne Keeling, Code orcement o, c r • CERTIFIED NOTICE - RETURN RECEIPT REQUESTED ISACa Eefm ntl O, V003.0024A c7/17/031 • c �a= a City of Carmel 4 <, I� DEPARTMENT OF COMMUNITY SERVICES ON October 23, 2003 Philip A. Nicely Bose McKinney & Evans LLP 600 East 96th Street, Suite 500 Indianapolis, IN 46240 RE: 10495 Lakeshore Place, Carmel, IN 46033 Dear Mr. Nicely: This letter is to follow up on a July 22, 2003 letter to Jon Dobosiewicz regarding the home at 10495 Lakeshore Place, Carmel, Indiana, where your client established a Nursing, Retirement or Convalescent Facility (see attached definition). Staff have discussed the matter and determined the property to be in violation of the Carmel/Clay Zoning Ordinance. A Nursing, Retirement or Convalescent Facility is not a permitted use in the S-2/Residence District. In order for your client to continue the operation of a Nursing, Retirement or Convalescent • Facility, a Land Use Variance from the CarmeliClay Board of Zoning Appeals would need to be approved. Another option is to obtain a license from the State of Indiana to operate a Residential Facilityfor the Mentally Ill or Developmentally Disabled. Such facilities are recognized by the Carmel/Clay Zoning Ordinance in residential districts. To avoid further enforcement action, please file the appropriate application within 10 days. If you have any questions, please do not hesitate to contact me at 571-2423. a Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: Jon Dobosiewicz, DOCS Jeff Heer,10974 Wintercove Way, Fishers, IN 46038 Acacia Mortgage Inc. & Khari Nixon, 10495 Lakeshore Place, Carmel, IN 46033 file: 2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CARMEL/CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT December 22, 2003 6h. Briar Creek, Block 1, Lot 11 (UV-113-03 / #03110008) The applicant also seeks the following use variance: LJV-113-03 #03110008 §6.1 permitted use The site is located at 10495 Lakeshore Place. The site is zoned S-2/Residential. Filed by John Smeltzer of Bose McKinney & Evans LLP for Aspen Prairie Homes. individual within the home with two (2) 24-hour caregivers concerning utilities. The caregivers park their cars in the home. home range in age from 67-90 years of age." General Information: The applicant is seeking approval to operate an elder care home in a house in the S-2/Residence zoning district. Background Information: Excerpt from Nov. 19 TAC Minutes: "This is a residential home being used for Elder Care. This home currently has four (4) There are no special needs The individuals residing in the Analysis: The ordinance does not recognize the care of the elderly as a permitted or special use in the S-2/Residence Zone. LHowever, a group home would be allowed by right. 1 Findings of Fact: 1.) The grant of this variance will not be contrary to the public interest, due to the existence of special conditions(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because: The elder care home is not listed at all as either a permitted or special use. 2.) The grant of this variance will not be injurious to the public health, safety, morals, and general welfare of the community because: An elder care home will not be injurious to the community, especially when the exterior of the home will stay looking residential, and the two employees park in the garage. 3.) The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because: It is the Department's opinion that the use and value of the area adjacent to the property will not be affected in a substantially adverse manner, due to the fact that an elder care home will retain its residential character, will produce no excess noise or light, and can be considered an amenity to the neighborhood. 4.) The need for the variance arises from a natural condition peculiar to the subject property because: There property is zoned S-2/Residence, which does not allow an elder care home as a permitted or a special use. 5.) The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because: The Comprehensive Plan's Land Use Plan shows the area around the proposed site to be Medium Intensity Residential. The use, as approved, is not in conflict with the Comprehensive Plan for the area. The use is a home that provides care to the elderly that reside in it. Recommendation: The department recommends positive consideration of Docket No. UV-113-03 with the following conditions: 1.) The maximum number of occupants will be 4. 2.) There will be no signage. 3.) The exterior of the home will be kept residential in appearance. 4.) There will be parking by employees in drive or garage only. 10 INSPECTION HISTORY CITY OF CARMEL Page 1 CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Dec 29, 2003 DESCRIP : New owner of this property is taking in Alzeheimer patients. Does she have a license making this a group home?? (Helen Richardson from property records may be previous owner.) DATE TIME TYPE INSP 01/22/04 10 57:26 08 R AMK 12/22/03 13:54:15 18 BZA AMK 10/23/03 13:51:53 06 LETTER AMK 10/14/03 13:50:27 77 COMMENT AMK 07/28/03 15:36:44 08 R 07/28/03 13:31:30 77 COMMENT AMK 07/18/03 13:28:57 77 COMMENT 07/17/03 15:35:51 03 NOV 07/17/03 15:33:35 77 COMMENT 06/06/03 12:29:36 06 LETTER AMK 06/02/03 12:26:04 21 STAFF AMK 05/29/03 12:20:45 04 CALL OW AMK •wIk VERIFY FOR THE RECORD THAT THE USE OF THE PROPERTY AS NURSING/RETIREMENT FACILITY HAS CEASED. BZA DENIED PETITION FOR USE VARIANCE. ALSO INDICATED THAT PETITIONER OPERATES SIMILAR FACILTY AT 10713 LAKESHORE DR E. CASE TO BE STARTED FOR THAT ADDRESS. DEPT WILL VERIFY THAT THE USE HAS CEASED. AK LETTER TO PHIL NICELY RE: USE VARIANCE REQUIREMENT FOR NURSING, RETIREMENT OR CONVALESCENT FACILITY. ASKS FOR APPLICATION TO BE FILED WITHIN 10 DAYS. COPY IN FILE. AK JD HAS NOT YET CONTACTED ATTY NICELY RE: USE VARIANCE REQUIREMENT. AK WILL SEND LETTER TO FOLLOW UP ON JULY 22 LETTER TO JD. AK AK RECEIVED COPY OF JULY 22 LETTER FROM ATTY PHIL NICELY TO JON DOBOSIEWICZ, RE: USE OF PROPERTY AS ELDER CARE FACILITY. JD WILL CALL PHIL NICELY AND INFORM OF USE VARIANCE REQUIREMENT. AK CERTIFIED RETURN RECEIPT SIGNED BY RYAN HEER. AK CERTIFIED NOTICE TO HEER, CC: NIXON & BURCH. 10 DAYS. AK 06/07/03- CERTIFIED RECEIPT SIGNED. CERTIFIED LETTER TO HEER, CC: NIXON & BURCH. ASKS FOR RESPONSE WITHIN 10 DAYS. AK AFTER DISCUSSING WITH PLANNING & ZONING, THE DETERMINATION HAS BEEN MADE THAT THE USE AS IT IS TODAY WOULD BE A NURSING, RETIREMENT, OR CONVALESCENT FACILITY. THIS USE IS NOT A PERMITTED US IN THE S-2/RESIDENCE DISTRICT. HEER WILL NEED TO SEEK USE VARIANCE, OBTAIN STATE GROUP HOME LICENSE, BRING NUMBER OF RESIDENTS DOWN TO TWO, OR CEASE THE USE. AK WILL PUT THIS IN WRITING AND SEND TO HEER FOR RESPONSE. AK AK SPOKE WITH JEFF HEER WHO EXPLAINED MORE ABOUT WHAT IS HAPPENING INSIDE THE HOUSE. CURRENTLY THERE ARE 3 SENIOR CITIZENS LIVING IN THE HOME. THERE IS ONE FULL TIME CARE GIVER (24HR) AND ONE THAT COMES DURING THE DAY M-F (8:30-3). THEY DO NOT HAVE A LICENSE FROM THE INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Dec 29, 2003 05/13/03 12:18:00 77 COMMENT AMK 05/07/03 12:16:06 77 COMMENT AMK 03/25/03 12:12:44 77 COMMENT AMK 03/06/03 12:09:12 06 LETTER AMK 02/25/03 COMMENTS 02/21/03 LETTERSENT 02/20/03 COMMENTS 02/17/03 COMMENTS 03/06/03 LETTERSENT STATE TO OPERATE AS A GROUP HOME, HEER FEELS THAT THEY ARE NOT A GROUP HOME. CAN BE REACHED BY LETTER AT 10974 WINTERCOVE WAY, FISHERS 46038 OR BY CELL PHONE AT 513-4663. AK WILL DISCUSS THIS WITH PLANNING AND ZONING AND GET BACK WITH HEER REGARDING DETERMINATION. HEER STATES THAT HIS ATTORNEY ADVISED THAT THIS WOULD NOT BE A VIOLATION. AK SEELIG PROVIDED INFO ABOUT JEFF HEER. HEER WORKS WITH AMERICAN PROPERTY MGT, LLC, 585-4663. ALSO MENTIONED A DAVID BARKER AT 160 W. CARMEL DR, STE 253. AK WILL TRY TO MAKE CONTACT. AK AK RECEIVED VM FROM GARY SEELIG, 202-3202, WHICH MENTIONED THE NAME JEFF HEER AND THE MANAGEMENT OF THE HOME. AK WILL SEE IF SEELIG CAN PROVIDE CONTACT INFO FOR HEER. AK CERT LTR RETURNED UNCLAIMED. AK AFTER MAILINGS RETURNED ON FIRST LETTER, NEW LETTER SENT TO NEW OWNERS NIXON & BURCH RE: GROUP HOME. REQUESTS LICENSE OR COMPLIANCE IN 10 DAYS. AK Dan Burns - 10483 Lakeshore Place - wk#594-0632/hm# 846-1947 (wife's name is Michelle) the home located at 10495 Lakeshore Place was recently purchased, it does not appear that the new owner lives there. It looks as though there are 4 - 6 elderly people, possible alzeheimer patients living in this home. Each day there are two or three nurses that arrive at 8:00 am, and depart at 5:00 pm. Mr. Burns said that it appears that the elderly people are left alone throughout the night. Mr. Burns was very concerned the purchaser of this home is not living in this dwelling. Mr. Burns would like a Call Back ASAP, if we are able to find anything out. Cert Ltr to Richardson/current owner, 10 days license. AK. Returned unclaimed 3/ AK drove by the home on this date. There were no exterior indications of a group home. There were no cars in the driveway. AK will compose a letter asking for proper license information. AK I spoke with Laurence Lillig. If owner has a license, it is a group home and exempt from zoning. Please verify license. ct Cert Ltr to Nixon, Burch (correct owner) . 10d licence. AK. Returned unclaimed 3 INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Dec 29, 2003 DATE ------- TIME ------ NOTES ------------------------------------- OPERATOR 2003-02-17 00:00:00 OWNER COMMENTS convert property transferred from Richardson convert 1-22-03 convert FILER COMMENTS convert Mr Harris has heard that the new owner convert is planning to purchase more homes in convert the area to take in more patients. convert 2-17-03 Second call from: Ielen Schad, convert 10529 Lakeshore Dr E, 846-0761 convert 2003-06-26 12:32:45 Owner/Manager Information: akeeling Jeff Heer akeeling 10974 Wintercove Way akeeling Fishers, IN 46038 akeeling Phone: 585-4663 Cell: 513-4663 akeeling M CITY OF * CARMEL DEPARTMENT OF COMMUNITY SERVICES Division of Planning & Zoning LETTER of GRANT December 23, 2003 John K. Smeltzer Bose McKinney & Evans LLP 600 East 96" Street Suite 500 Indianapolis, IN 46240 Re: Briar Creek, Block 1. Lot 11— (UV-113-03) Dear Mr. Smeltzer: At the meeting held Monday, December 22, 2003, the Carmel/Clay Advisory Board of Zoning Appeals took the following action regarding the Use Variance (UV) filed by you for the property located at 10495 Lakeshore Place. DENIED: Docket No. UV-113-03 Use Variance. The Board voted zero (0) in favor, four (4) opposed, thereby denying the petition. If I can be of any further assistance, please do not hesitate to contact me at 3171571-2417. Sincerely, Jon Dobosiewicz Planning & Zoning Administrator Department of Community Services Cc: Jeff Kendall, Building Commissioner, DOCS Gayle Stahl Connie Tingley 200312.UV-113-03 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317-571-2417 a INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Nov 13, 2003 DESCRIP : New owner of this property is taking in Alzeheimer patients. Does she have a license making this a group home?? (Helen Richardson from property records may be previous owner.) DATE TIME TYPE INSP 12/22/03 13:54:15 18 BZA AMK 10/23/03 13:51:53 06 LETTER AMK 10/14/03 13:50:27 77 COMMENT AMK 07/28/03 15:36:44 08 R 07/28/03 13:31:30 77 COMMENT AMK 07/18/03 13:28:57 77 COMMENT 07/17/03 15:35:51 03 NOV 07/17/03 15:33:35 77 COMMENT 06/06/03 12:29:36 06 LETTER AMK 06/02/03 12:26:04 21 STAFF AMK O5/29/03 12:20:45 04 CALL OW AMK DECEMBER MEETING MAY BE CANCELED. IF SO, PETITION WOULD BE HEARD JAN 26, 2004. LETTER TO PHIL NICELY RE: USE VARIANCE REQUIREMENT FOR NURSING, RETIREMENT OR CONVALESCENT FACILITY. ASKS FOR APPLICATION TO BE FILED WITHIN 10 DAYS. COPY IN FILE. AK JD HAS NOT YET CONTACTED ATTY NICELY RE: USE VARIANCE REQUIREMENT. AK WILL SEND LETTER TO FOLLOW UP ON JULY 22 LETTER TO JD. AK AK RECEIVED COPY OF JULY 22 LETTER FROM ATTY PHIL NICELY TO JON DOBOSIEWICZ, RE: USE OF PROPERTY AS ELDER CARE FACILITY. JD WILL CALL PHIL NICELY AND INFORM OF USE VARIANCE REQUIREMENT. AK CERTIFIED RETURN RECEIPT SIGNED BY RYAN HEER. AK CERTIFIED NOTICE TO HEER, CC: NIXON & BURCH. 10 DAYS. AK 06/07/03- CERTIFIED RECEIPT SIGNED. CERTIFIED LETTER TO HEER, CC: NIXON & BURCH. ASKS FOR RESPONSE WITHIN 10 DAYS. AK AFTER DISCUSSING WITH PLANNING & ZONING, THE DETERMINATION HAS BEEN MADE THAT THE USE AS IT IS TODAY WOULD BE A NURSING, RETIREMENT, OR CONVALESCENT FACILITY. THIS USE IS NOT A PERMITTED US IN THE S-2/RESIDENCE DISTRICT. HEER WILL NEED TO SEEK USE VARIANCE, OBTAIN STATE GROUP HOME LICENSE, BRING NUMBER OF RESIDENTS DOWN TO TWO, OR CEASE THE USE. AK WILL PUT THIS IN WRITING AND SEND TO HEER FOR RESPONSE. AK AK SPOKE WITH JEFF HEER WHO EXPLAINED MORE ABOUT WHAT IS HAPPENING INSIDE THE HOUSE. CURRENTLY THERE ARE 3 SENIOR CITIZENS LIVING IN THE HOME. THERE IS ONE FULL TIME CARE GIVER (24HR) AND ONE THAT COMES DURING THE DAY M-F (8:30-3). THEY DO NOT HAVE A LICENSE FROM THE STATE TO OPERATE AS A GROUP HOME, HEER FEELS THAT THEY ARE NOT A GROUP HOME. CAN BE REACHED BY LETTER AT 10974 WINTERCOVE WAY, FISHERS 46038 OR BY CELL PHONE AT 513-4663. AK WILL DISCUSS THIS WITH PLANNING AND ZONING AND GET BACK WITH HEER REGARDING DETERMINATION. HEER INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Nov 13, 2003 05/13/03 12:18:00 77 COMMENT AMK 05/07/03 12:16:06 77 COMMENT AMK 03/25/03 12:12:44 77 COMMENT AMK 03/06/03 12:09:12 06 LETTER AMK 02/25/03 COMMENTS 02/21/03 LETTERSENT 02/20/03 COMMENTS 02/17/03 COMMENTS 03/06/03 LETTERSENT STATES THAT HIS ATTORNEY ADVISED THAT THIS WOULD NOT BE A VIOLATION. AK SEELIG PROVIDED INFO ABOUT JEFF HEER. HEER WORKS WITH AMERICAN PROPERTY MGT, LLC, 585-4663. ALSO MENTIONED A DAVID BARKER AT 160 W. CARMEL DR, STE 253. AK WILL TRY TO MAKE CONTACT. AK AK RECEIVED VM FROM GARY SEELIG, 202-3202, WHICH MENTIONED THE NAME JEFF HEER AND THE MANAGEMENT OF THE HOME. AK WILL SEE IF SEELIG CAN PROVIDE CONTACT INFO FOR HEER. AK CERT LTR RETURNED UNCLAIMED. AK AFTER MAILINGS RETURNED ON FIRST LETTER, NEW LETTER SENT TO NEW OWNERS NIXON & BURCH RE: GROUP HOME. REQUESTS LICENSE OR COMPLIANCE IN 10 DAYS. AK Dan Burns - 10483 Lakeshore Place - wk#594-0632/hm# 846-1947 (wife's name is Michelle) the home located at 10495 Lakeshore Place was recently purchased, it does not appear that the new owner lives there. It looks as though there are 4 - 6 elderly people, possible alzeheimer patients living in this home. Each day there are two or three nurses that arrive at 8:00 am. and depart at 5:00 pm. Mr. Burns said that it appears that the elderly people are left alone throughout the night. Mr. Burns was very concerned the purchaser of this home is not living in this dwelling. Mr. Burns would like a Call Back ASAP, if we are able to find anything out. Cert Ltr to Richardson/current owner, 1C days license. AK. Returned unclaimed 3/ AK drove by the home on this date. There were no exterior indications of a ggroup home. There were no cars in the driveway. AK will compose a letter asking for proper license information. AK I spoke with Laurence Lillig. If owner has a license, it is a group home and exempt from zoning. Please verify license. ct Cert Ltr to Nixon, Burch (correct owner) . 10d licence. AK. Returned unclaimed DATE ------- TIME ------ NOTES ------------------------------------- OPERATOR 2003-02-17 00:00:00 OWNER COMMENTS convert property transferred from Richardson convert 1-22-03 convert FILER COMMENTS convert Mr Harris has heard that the new owner convert is planning to purchase more homes in convert INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Nov 13, 2003 the area to take in more patients. convert 2-17-03 Second call from: Ielen Schad, convert 10529 Lakeshore Dr E, 846-0761 convert 2003-06-26 12:32:45 Owner/Manager Information: akeeling Jeff Heer akeeling 10974 Wintercove Way akeeling Fishers, IN 46038 akeeling Phone: 585-4663 Cell: 513-4663 akeeling Keeling, Adrienne M 2003-00z. From: Butler, Angelina V Sent: Wednesday, November 12, 2003 11:35 AM To: Tingley, Connie S Cc: Lillig, Laurence M; Morrissey, Phyllis G; Pattyn, Dawn E; Babbitt, Pamela A; Hollibaugh, Mike P; Keeling, Adrienne M; Kendall, Jeff A; Brewer, Scott I; Hancock, Ramona B; Dobosiewicz, Jon C Subject: Docket No. Assignment: ( UV) Briar Creek, Block 1, Lot 11 ( UV-113-03 / #03110008) Connie, Please print and fax this e-mail to the petitioner identified below and update the file. I have issued the necessary Docket Number for (UV) Briar Creek, Block 1, Lot 11. It will be the following: UV-113-03 #03110008 $1,092.00 Total Fee: $1,092.00 Briar Creek, Block 1, Lot 11(UV-113-03 / #03110008) The applicant also seeks the following use variance to operate an elder care home: V-113-03 #03110008 §6.1 permitted use The site is located at 10495 Lakeshore Place. The site is zoned S-2/Residential. Filed by John Smeltzer of Bose McKinney & Evans LLP for Aspen Prairie Homes. Petitioner, please note the following: 1. This Item will be on the November 19 agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Wednesday , November 26. Published notice is required within the Indianapolis Star. 3. The Proof of Notice will need to be received by this Department no later than noon, Friday, December 19. Failure to submit Proof of Notice by this time will result in the tabling of the petition. 4. The Filing Fee and Eight (8) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than noon, Friday, December 12. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition to the Monday, January 26, 2004, agenda of the BZA. 5. This Item will appear on the December 22* agenda of the Board of Zoning Appeals under Public Hearings. 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheets for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. PETITIONER: refer to your instruction sheet for more details. *Please note that the December 22 Meeting might be cancelled. If so, your case will be heard January 26, 2004. We will contact you if this occurs. Please contact Mr. Smeltzer at 684-5317 (Fax: 223-0317) with this information. Once the file is updated please return it to my office. Thank you, Angie Adrienne M Subject: Message from Gary Selig- 10495 Lakeshore Place Doug, I am very familiar with the property. Until recently, I thought was resolved by Planning & Zoning. The complaint was that basically the house had turned into a business- there were elderly people living there with someone coming in every day to take care of them. There was also at least one late night ambulance run that disturbed the neighborhood. I finally tracked down the manager of the facility, Jeff Heer, and we spoke in detail about the daily activities of the property. At the time, there were four elderly people and a care giver living there full time. Another care giver came during the day M-F. Based on this conversation it was determined that the property was being used as a Nursing, Retirement or Convalescent Facility, per the Zoning Ordinance. This is not a permitted use in S-2/Residence District and could only proceed with a Use Variance from the BZA. A letter to that effect was sent to Mr. Heer on June 6, 2003. Apparently shortly thereafter Phil Nicely was obtained who then spoke with Jon Dobosiewicz. Based on Nicely/Heer's description of the activities, Jon did not believe there was a zoning issue, and Nicely/Neer thought the matter was closed. However, they failed to mention to Jon that this was the subject of a violation letter. Jon gave the matter little more thought. In July, after hearing no response from my letter, I sent a Notice of Violation via certified mail to ,Jeff Heer-- and informed the neighbors my actions and the consequences of ignoring the matter. Shortly thereafter Jon received a letter from Phil Nicely wanting to know why his client received a Notice of Violation. This is when Jon and I came together and realized we were both dealing with the same property. Jon indicated that he would reply to the letter and ask that they apply for the Use Variance. October 2003, 1 received calls from neighbors why they have never been informed of a court date. After finding no BZA docket nos. related to the matter, I touched base with Jon only to find that he never responded to Nicely. Today a response letter went out to Phil Nicely's July letter stating that there is indeed a violation. Attached for your information is the definition of a Nursing, Retirement or Convalescent Facility, and correspondence leading up to today. Sorry it got to you. I'll call Selig and let him know generally what is going on with this. Adrienne Keeling, Adrienne M Subject: Message from Gary Selig- 10495 Lakeshore Place Doug, I am very familiar with the property. Until recently, I thought was resolved by Planning & Zoning. The complaint was that basically the house had turned into a business- there were elderly people living there with someone coming in every day to take care of them. There was also at least one late night ambulance run that disturbed the neighborhood. I finally tracked down the manager of the facility, Jeff Hear, and we spoke in detail about the daily activities of the property. At the time, there were four elderly people and a care giver living there full time. Another care giver came during the day M-F. Based on this conversation it was determined that the property was being used as a Nursing, Retirement or Convalescent Facility, per the Zoning Ordinance. This is not a permitted use in S-2/Residence District and could only proceed with a Use Variance from the BZA. A letter to that effect was sent to Mr. Hear on June 6, 2003. Apparently shortly thereafter Phil Nicely was obtained who then spoke with Jon Dobosiewicz. Based on Nicely/Heer's description of the activities, Jon did not believe there was a zoning issue, and Nicely/Neer thought the matter was closed. However, they failed to mention to Jon that this was the subject of a violation letter. Jon gave the matter little more thought. In July, after hearing no response from my letter, I sent a Notice of Violation via certified mail to ,Jeff Heer-- and informed the neighbors my actions and the consequences of ignoring the matter. Shortly thereafter Jon received a letter from Phil Nicely wanting to know why his client received a Notice of Violation. This is when Jon and I came together and realized we were both dealing with the same property. Jon indicated that he would reply to the letter and ask that they apply for the Use Variance. October 2003, 1 received calls from neighbors why they have never been informed of a court date. After finding no BZA docket nos. related to the matter, I touched base with Jon only to find that he never responded to Nicely. Today a response letter went out to Phil Nicely's July letter stating that there is indeed a violation. Attached for your information is the definition of a Nursing, Retirement or Convalescent Facility, and correspondence leading up to today. Sorry it got to you. I'll call Selig and let him know generally what is going on with this. Adrienne gFCFTVF=D Carmel/Majestic 8824-32 LBY-----] T 2 2 2003 Telephone call from to Theresa Ringle from Gary Selig October 2, 2003 This is Gary Selig, Theresa. Uh, don't have an update on City of Carmel, Winestock Majestic as I had not been able to get a hold of Bill this week or Will Gooden, rather. Secondly, um, I've got another issue actually in my neighborhood which relates to the city of Carmel I'm not sure how much you represent the city but um, I've got somebody, that's, in essence, running a business in my neighborhood at 10495 Lakeshore Court and zoning's aware of it and they find or have found that they are in violation and Adrian Keeling told me that they were going to send this over to city legal and take care of it and that's been like 3 months. Can you talk to Doug Haney and Mr. Kendall's aware of this and find out what's going on because I'm not sure what remedy we have, myself and my neighbors, save and except me filing for a preliminary injunction and then I'm gonna of course have to name the city of Carmel and its just going to be a big mess. That address a gentleman has been running an unlicensed nursing home, and uh, we've been real patient with the city and um see if you can't get them off the block and that would be great and give me a call Monday or Tuesday. 202-3202 is my number. wP + Cc.E- ntQ- (6-nVW CAr,� t-�, I 'b rv--es 10P1145l DEPARTMENT OF COMMUNITY SERVICES October 23, 2003 Philip A. Nicely Bose McKinney & Evans LLP 600 East 96th Street, Suite 500 Indianapolis, IN 46240 10495 Lakeshore Place, Carmel, IN Dear Mr. Nicely: This letter is to follow up on a July 22, 2003 letter to Jon Dobosiewicz regarding the home at 10495 Lakeshore Place, Carmel, Indiana, where your client established a Nursing, Retirement or Convalescent Facility (see attached definition). Staff have discussed the matter and determined the property to be in violation of the Carmel/Clay Zoning Ordinance. A Nursing, Retirement or Convalescent Facility is not a permitted use in the S-2/Residence District. In order for your client to continue the operation of a Nursing, Retirement or Convalescent Facility, a Land Use Variance from the Carmel/Clay Board of Zoning Appeals would need to be approved. Another option is to obtain a license from the State of Indiana to operate a Residential Facilityfor the Mentally Ill or Developmentally Disabled. Such facilities are recognized by the Carmel/Clay Zoning Ordinance in residential districts. To avoid further enforcement action, please file the appropriate application within 10 days. you have any questions, please do not hesitate to contact me at 571-2423. Code Enforcement Officer Department of Community Services Jon Dobosiewicz, DOCS Jeff Heer, 10974 Wintercove Way, Fishers, IN 46038 Acacia Mortgage Inc. & Khari Nixon, 10495 Lakeshore Place, Carmel, IN 46033 file: 2003.0024 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE LOT OF RECORD. A Lot which has been recorded prior to December 21, 1957. LOT WIDTH. The dimension of a Lot, measured between Side Lot Lines on the building line (or in the case of a curved building line, it is measured tangent to the arc). LOW NOISE AMPLIFIED (LNA). A signal amplifying device situated within the earth station; the purpose of which is to magnify the electronic signals received and transfer them through the coaxial cable to the receiver. MARKET, CONVENIENCE: An establishment, not exceeding 5,000 square feet of gross floor area, serving a limited market area and engaged in retail sales or rental, from the premises, of food, beverages and other frequently or recurrently needed items for household use, excluding gasoline sales. (relocated per Zr365-01) MINERAL EXTRACTION. Any process used in obtaining, from the earth, naturally occurring substances. MOBILE HOME. Any vehicle, including the equipment sold as a part of a vehicle, used as a conveyance upon streets by either self-propelled or non self-propelled means and which is designed, constructed, reconstructed or structurally altered in such a manner as will permit the occupancy thereof as a dwelling and which is both used and occupied as a dwelling but having no foundations other than wheels, jacks, skirting, or other temporary supports. MOBILE HOME PARK. An area of land upon which two or more mobile homes are harbored for the purpose of being occupied either free of charge or for revenue purposes, including any building, structure, vehicle or enclosure used or intended for use as a part of the equipment of such mobile home park MOBILE HOME STAND OR PAD. A stationary foundation designed for a mobile home providing support, water supply, waste disposal and electrical convenience. MOTEL. Any building or group of buildings containing five (5) or more rooms with direct entrance to or from the outside, designed or intended to be occupied for sleeping purposes by guests for a fee, often with a common kitchen and dining room facilities may be provided within the building or an accessory building, and which caters to the traveling public. MOTOR VEHICLE. An automobile, truck, motorcycle, mobile home or any other vehicle propelled or driven otherwise than by muscular power. NURSING, RETIREMENT OR CONVALESCENT FACILITY. A home for the aged or infirm in which three or more persons not of the same immediate family are received, kept and/or provided with food, shelter and/or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Included are limited care apartments and suites for the elderly. OCCUPIED SPACE. The total area of earth horizontally covered by the structure, excluding accessory structures such as, but not limited to garages, patios and porches. OCTAVE BAND. A term denoting all of the frequencies from one given frequency to a second. In sound octave bands, the second frequency is usually twice the first one. OCTAVE BAND FILTER. An electrical device which separates the sounds in each octave band and presents them to the sound level meter. Chapter 3: Definitions 3-14 as amended per Z-320, Z-339, Z-340; Z-345, Z-365-01; Z-369-02 Summer 2002 vl Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select A Different Report I New Search for Current Report Disclaimer: The information available through this program is current as of 10/17/2003. This information has been derived from public reco that are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertaining to this property. Parcel No: 16-14-08-01-02-011.000 Property Address: 10495 Lakeshore PI Carmel, IN 46033 Deeded Owner: Acacia Mortgage Inc & Khari Nixon T/C Owner Address: 10495 Lakeshore PL CARMEL , IN46033 Last Changed: 9/3/2003 4:11:03 PM Legal Description: BRIAR CREEK 94.9 X 153.2 UA 282-462 & 463 8/25/97 FR RICHARDSON 9735166 8/25/97 FR RICHARDSON TRSTEE 9735167 Section/Township/Range:08/17/04 Subdivision Name: BRIAR CREEK Block: 1 Plat: 099 Deeded Acres: 0 Political Township: Clay Lot Number(s): 11 Most Recent Transfer Date: 8/28/2003 This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. ® 2002 Hamilton Co. Contact Us I Conditions oftjse I Site -Map I Hem HOME_ ,?W& OCR http://www.co.hamilton.in.us/app/reports/rptparcelinfo.asp?parcelno=1614080102011000 10/23/2003 JUL 22 '03 16:34 FIR HOSE MCKINNEY NORTH 317 574 3716 TO ill#1128741#5712 P.02i02 BOSE MCKINNEY & EVANS LLP ATTORNEYS AT LAW �= RECEIVED _ DOGS July 22, 2003 Mr. Jon Dobosiewicz Department of Community Services City of Carmel One Civic Square Carmel, IN 46032 Re: 10495 Lakeshore Place, Carmel, Indiana Dear Jon: Philip A. Nicely North Office Di,ttt Dial (317) 68453U1 Dimc1 Fax (377) 22M301 F-Mall: PNrcely®hnselaw.cnm Sometime ago we had discussed with you the home at 10495 Lakeshore Place, Carmel, Indiana, where our client was using the home for elderly people to stay as opposed to going to a nursing home or retirement home. When we discussed this, I believe you thought that this did not result in a violation of the zoning ordinances and were going to further discuss it with other members of the staff. I had not heard from you, and therefore I thought everything was satisfactory; however, on Friday, my client received a letter from Adrian Keeley indicating that a violation was occurring. We do not believe that to be the case, but we would like to hear your thoughts relating to this so that if there Is a problem, we can work out an arrangement to correct it. Hopefully, however, no problem will exist. Please advise as soon as possible. Very trul yours, Philip A. icely 54248_l.DOD 6W 0�a171 Downtown • 2700 First Indiana Plaza • 135 North Pennsylvania Street • Indianapolis, Indiana 46204 • (317) 690..5000 • FAX (317) 684-5173 North O@ub • 600 East 96th Street - SUhe 500 • 10dianapoll5, Indiana 46140 • (.317) 6A45.300 • FAX (317) 690.5316 w .bo3elaw,con1 ** TOTRL PROE.02 ** INSPECTION HISTORY CITY OF CARMEL CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Jul 17, 2003 DESCRIP : New owner of this property is taking in Alzeheimer patients. Does she have a license making this a group home?? (Helen Richardson from property records may be previous owner.) DATE TIME TYPE INSP 07/28/03 15:36:44 08 R 07/17/03 15:35:51 03 NOV 07/17/03 15:33:35 77 COMMENT 06/06/03 12:29:36 06 LETTER AMK 06/02/03 12:26:04 21 STAFF AMK 05/29/03 12:20:45 04 CALL OW AMK 05/13/03 12:18:00 77 COMMENT AMK 05/07/03 12:16:06 77 COMMENT AMK 03/25/03 12:12:44 77 COMMENT AMK 03/06/03 12:09:12 06 LETTER AMK 02/25/03 COMMENTS NIGNIN:1491�7 Page CERTIFIED NOTICE TO HEER, CC: NIXON & BURCH. 10 DAYS. AK 06/07/03- CERTIFIED RECEIPT SIGNED. CERTIFIED LETTER TO HEER, CC: NIXON & BURCH. ASKS FOR RESPONSE WITHIN 10 DAYS. AK AFTER DISCUSSING WITH PLANNING & ZONING, THE DETERMINATION HAS BEEN MADE THAT THE USE AS IT IS TODAY WOULD BE A NURSING, RETIREMENT, OR CONVALESCENT FACILITY. THIS USE IS NOT A PERMITTED US IN THE S-2/RESIDENCE DISTRICT. HEER WILL NEED TO SEEK USE VARIANCE, OBTAIN STATE GROUP HOME LICENSE, BRING NUMBER OF RESIDENTS DOWN TO TWO, OR CEASE THE USE. AK WILL PUT THIS IN WRITING AND SEND TO HEER FOR RESPONSE. AK AK SPOKE WITH JEFF HEER WHO EXPLAINED MORE ABOUT WHAT IS HAPPENING INSIDE THE HOUSE. CURRENTLY THERE ARE 3 SENIOR CITIZENS LIVING IN THE HOME. THERE IS ONE FULL TIME CARE GIVER (24HR) AND ONE THAT COMES DURING THE DAY M-F (8:30-3). THEY DO NOT HAVE A LICENSE FROM THE STATE TO OPERATE AS A GROUP HOME, HEER FEELS THAT THEY ARE NOT A GROUP HOME. CAN BE REACHED BY LETTER AT 10974 WINTERCOVE WAY, FISHERS 46038 OR BY CELL PHONE AT 513-4663. AK WILL DISCUSS THIS WITH PLANNING AND ZONING AND GET BACK WITH HEER REGARDING DETERMINATION. HEER STATES THAT HIS ATTORNEY ADVISED THAT THIS WOULD NOT BE A VIOLATION. AK SEELIG PROVIDED INFO ABOUT JEFF HEER. HEER WORKS WITH AMERICAN PROPERTY MGT, LLC, 585-4663. ALSO MENTIONED A DAVID BARKER AT 160 W. CARMEL DR, STE 253. AK WILL TRY TO MAKE CONTACT. AK AK RECEIVED VM FROM GARY SEELIG, 202-3202, WHICH MENTIONED THE NAME JEFF HEER AND THE MANAGEMENT OF THE HOME. AK WILL SEE IF SEELIG CAN PROVIDE CONTACT INFO FOR HEER. AK CERT LTR RETURNED UNCLAIMED. AK AFTER MAILINGS RETURNED ON FIRST LETTER, NEW LETTER SENT TO NEW OWNERS NIXON & BURCH RE: GROUP HOME. REQUESTS LICENSE OR COMPLIANCE IN 10 DAYS. AK Dan Burns - 10483 Lakeshore Place - INSPECTION HISTORY CITY OF CARMEL Page 2 j CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Jul 17, 2003 02/21/03 LETTERSENT 02/20/03 COMMENTS 02/17/03 COMMENTS 03/06/03 LETTERSENT wk#594-0632/hm# 846-1947 (wife's name is Michelle) the home located at 10495 Lakeshore Place was recently purchased, it does not appear that the new owner lives there. It looks as though there are 4 - 6 elderly people, possible alzeheimer patients living in this home. Each day there are two or three nurses that arrive at 8:00 am. and depart at 5:00 pm. Mr. Burns said that it appears that the elderly people are left alone throughout the night. Mr. Burns was very concerned the purchaser of this home is not living in this dwelling. Mr. Burns would like a Call Back ASAP, if we are able to find anything out. Cert Ltr to Richardson/current owner, 10 days license. AK. Returned unclaimed 3/ AK drove by the home on this date. There were no exterior indications of a group home. There were no cars in the driveway. AK will compose a letter asking for proper license information. AK I spoke with Laurence Lillig. If owner has a license, it is a group home and exempt from zoning. Please verify license. ct Cert Ltr to Nixon, Burch (correct owner) . 10d licence. AK. Returned unclaimed 3 DATE ------- TIME ------ NOTES ------------------------------------- OPERATOR 2003-02-17 00:00:00 OWNER COMMENTS convert property transferred from Richardson convert 1-22-03 convert FILER COMMENTS convert Mr Harris has heard that the new owner convert is planning to purchase more homes in convert the area to take in more patients. convert 2-17-03 Second call from: Ielen Schad, convert 10529 Lakeshore Dr E, 846-0761 convert 2003-06-26 12:32:45 Owner/Manager Information: akeeling Jeff Heer akeeling 10974 Wintercove Way akeeling Fishers, IN 46038 akeeling Phone: 585-4663 Cell: 513-4663 akeeling NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: July 17, 2003 AT 3:15 P.M. City of Carmel/Clay Township RECORD # 2003.0024 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 10495 Lakeshore Place, Carmel, IN 46033 OWNER or TENANT: Jeff Heer/Khari Nixon & Michelle R. Burch Mailing Address: 10974 Wintercove Way, Fishers, IN 46038 Nature of Violation: Operating a nursing, retirement or convalescent facility in the S-2/Residence District. Ordinance Section Violated: Carmel/Clay Zoning Ordinance, Section 6.1: Permitted Uses, S-2/Residence District Date/Time of Violation: Since on or before May 29, 2003 Abatement Period: The above violation must be fully corrected and come into compliance with the Ordinance Sections set forth above within ten (10) calendar days from the date of this notice. Fine for unabated violation: Comments: Up to $100.00 - First Violation* Up to $200.00 - Second Violation* Up to $300.00 - Third Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. DO NOT DISREGARD THIS NOTICE!! Please contact the inspector listed below immediately Inspector Name: Phone (317) 571-2423 Adrienne Keeling, Code E orc rent O r CERTIFIED NOTICE- RETURN RECEIPT REQUESTED 15:1Code Enfomemem�FonnsV00J.0024Aoc]/1]PoJI -� INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE R BURCH DATE : Jun 26, 2003 DESCRIP : New owner of this property is taking in Alzeheimer patients. Does she have a license making this a group home?? (Helen Richardson from property records may be previous owner.) DATE TIME TYPE 06/06/03 12:29:36 06 LETTER 06/02/03 12:26:04 21 STAFF INSP AMK 05/29/03 12:20:45 04 CALL OW AMR 05/13/03 12:18:00 77 COMMENT AMK O5/07/03 12:16:06 77 COMMENT AMK 03/25/03 12:12:44 77 COMMENT AMK 03/06/03 12:09:12 06 LETTER AMK 02/25/03 COMMENTS COMMENTS CERTIFIED LETTER TO HEER, CC: NIXON & BURCH. ASKS FOR RESPONSE WITHIN 10 DAYS. AK AFTER DISCUSSING WITH PLANNING & ZONING, THE DETERMINATION HAS BEEN MADE THAT THE USE AS IT IS TODAY WOULD BE A NURSING, RETIREMENT, OR CONVALESCENT FACILITY. THIS USE IS NOT A PERMITTED US IN THE S-2/RESIDENCE DISTRICT. HEER WILL NEED TO SEEK USE VARIANCE, OBTAIN STATE GROUP HOME LICENSE, BRING NUMBER OF RESIDENTS DOWN TO TWO, OR CEASE THE USE. AK WILL PUT THIS IN WRITING AND SEND TO HEER FOR RESPONSE. AK AK SPOKE WITH JEFF HEER WHO EXPLAINED MORE ABOUT WHAT IS HAPPENING INSIDE THE HOUSE. CURRENTLY THERE ARE 3 SENIOR CITIZENS LIVING IN THE HOME. THERE IS ONE FULL TIME CARE GIVER (24HR) AND ONE THAT COMES DURING THE DAY M-F (8:30-3). THEY DO NOT HAVE A LICENSE FROM THE STATE TO OPERATE AS A GROUP HOME, HEER FEELS THAT THEY ARE NOT A GROUP HOME. CAN BE REACHED BY LETTER AT 10974 WINTERCOVE WAY, FISHERS 46038 OR BY CELL PHONE AT 513-4663. AK WILL DISCUSS THIS WITH PLANNING AND ZONING AND GET BACK WITH HEER REGARDING DETERMINATION. HEER STATES THAT HIS ATTORNEY ADVISED THAT THIS WOULD NOT BE A VIOLATION. AK SEELIG PROVIDED INFO ABOUT JEFF HEER. HEER WORKS WITH AMERICAN PROPERTY MGT, LLC, 585-4663. ALSO MENTIONED A DAVID BARKER AT 160 W. CARMEL DR, STE 253. AK WILL TRY TO MAKE CONTACT. AK AK RECEIVED VM FROM GARY SEELIG, 202-3202, WHICH MENTIONED THE NAME JEFF HEER AND THE MANAGEMENT OF THE HOME. AK WILL SEE IF SEELIG CAN PROVIDE CONTACT INFO FOR HEER. AK CERT LTR RETURNED UNCLAIMED. AK AFTER MAILINGS RETURNED ON FIRST LETTER, NEW LETTER SENT TO NEW OWNERS NIXON & BURCH RE: GROUP HOME. REQUESTS LICENSE OR COMPLIANCE IN 10 DAYS. AK Dan Burns - 10483 Lakeshore Place - wk#594-0632/hm# 846-1947 (wife's name is Michelle) the home located at 10495 Lakeshore Place was recently purchased, it does not appear that the new owner 4 INSPECTION HISTORY CITY OF CARMEL Page CASE NO : 2003.0024 ADDRESS : 10495 LAKESHORE PL OWNER : KHARI NIXON & MICHELLE DATE : Jun 26, 2003 02/21/03 LETTERSENT 02/20/03 COMMENTS 02/17/03 COMMENTS 03/06/03 LETTERSENT R BURCH lives there. It looks as though there are 4 - 6 elderly people, possible alzeheimer patients living in this home. Each day there are two or three nurses that arrive at 8:00 am. and depart at 5:00 pm. Mr. Burns said that it appears that the elderly people are left alone throughout the night. Mr. Burns was very concerned the purchaser of this home is not living in this dwelling. Mr. Burns would like a Call Back ASAP, if we are able to find anything out. Cert Ltr to Richardson/current owner, 10 days license. AK. Returned unclaimed 3/ AK drove by the home on this date. There were no exterior indications of a ggroup home. There were no cars in the drivewa . AK will compose a letter asking for proper license information. AK I spoke with Laurence Lillig. If owner has a license, it is a group home and exempt from zoning. Please verify license. ct Cert Ltr to Nixon, Burch (correct owner) . 10d licence. AK. Returned unclaimed 3 DATE ------- TIME ------ NOTES ------------------------------------- OPERATOR 2003-02-17 00:00:00 OWNER COMMENTS convert property transferred from Richardson convert 1-22-03 convert FILER COMMENTS convert Mr Harris has heard that the new owner convert is planning to purchase more homes in convert the area to take in more patients. convert 2-17-03 Second call from: Ielen Schad, convert 10529 Lakeshore Dr E, 846-0761 convert 2003-06-26 12:32:45 Owner/Manager Information: akeeling Jeff Heer akeeling 10974 Wintercove Way akeeling Fishers, IN 46038 akeeling Phone: 585-4663 Cell: 513-4663 akeeling o` C'q Cityo f Carmel ro„ 00 DEPARTMENT OF COMMUNITY SERVICES June 6, 2003 Jeff Heer 10974 Wintercove Way Fishers, IN 46038 Dear Mr. Heer: This letter is to inform you that an inquiry has been made to our department regarding the property located at 10495 Lakeshore Place. Based on the information you offered in our telephone conversation, the Department has determined the use to be a Nursing, Retirement or Convalescent Facility (see enclosed definition). Please be advised that this is not a permitted use in the S-21Residence District. Enclosed is the definition of a nursing, retirement or convalescent facility, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. In order to continue the operation of a Nursing, Retirement or Convalescent Facility, you would need to obtain a Land Use Variance from the Carmel/Clay Board of Zoning Appeals. You may also seek to obtain a license from the State of Indiana to operate a Residential Facilityfor the Mentally Ill or Developmentally Disabled. These types of residential facilities are recognized by ordinance in residential districts. To avoid further enforcement action, please contact the office to discuss these options within 10 days. If you have any questions, please do not hesitate to contact me at 571-2423. Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: Khari Nixon & Michelle R. Burch, 10495 Lakeshore Place, Carmel, IN 46033 file: 2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. GREENBELT. That portion of the Front Yard of the Lot which is immediately adjacent and parallel to the right-of-way of State Highway 431, U.S. Highway 31 or U.S. Highway 421, located within an Overlay Zone District Boundary and having a minimum depth of thirty (30) feet. GREENBELT BUFFER. see BUFFER, GREENBELT. GREENHOUSE. A structure for the propagation of plant materials and for sale of same. GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale. HABITATION/OCCUPANCY. The act, state or condition of being or becoming a tenant or of living in or taking up quarters or space in a structure or on a land area. HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with or without services available for aircraft. HOME, GROUP. Any of the following: a residential structure (licensed under IC 12-17.4) in which care is provided on a twenty- four (24) hour basis for not more than ten (10) children; or 2. a facility (licensed under IC 12-28-4) that provides residential services for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-I(e)(2); or 3. a facility (licensed under IC 12-284) that provides residential services for mentally ill individuals in a program described in IC 12-22-2-3. (adopted per Z-345) HOME, MANUFACTURED. IC 36-7-4-1106 established a definition of a manufactured home to be a dwelling unit designed and built in a factory containing a seal certifying that the home was built in compliance with Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seg.) and applies to such homes that were built after January 1, 1981. Manufactured homes which exceed 950 square feet may not be totally precluded by ordinance from being located in various areas zoned for housing. HOME, MOBILE. (See "Mobile Home"). HOME, TOURIST. A building in which one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- or Multiple -family Dwelling which is clearly incidental and secondary to the use of the Dwelling for dwelling purposes. (see also Section 25.18) Chapter 3: Definitions 3-9 as amended per Z-320; Z-339; Z-340,, Z-345; Z-365-01; Z-369-01 Summer 2002 vl Indiana Code 12-7-2 Page 3 of 56 Sec. 13. "Alcoholic", for purposes of IC 12-23, means an individual who chronically and habitually uses alcoholic beverages to the extent that the individual: (1) loses the power of self control with respect to the use of alcoholic beverages; and (2) becomes a menace to the public morals, health, safety, or welfare of the members of society in general. As added by P.L.2-1992, SEC.]. IC 12-7-2-14 Alcoholism Sec. 14. "Alcoholism", for purposes of IC 12-23, means the abnormal condition which the effect of alcohol produces in an alcoholic. As added by P.L.2-1992, SEC.]. IC 12-7-2-14.3 Alzheimer's and dementia special care Sec. 14.3. "Alzheimer's and dementia special care", for purposes of IC 12-10-5.5, has the meaning set forth in IC 12-10-5.5-1. As added by P.L.106-1997, SEC. 1. IC 12-7-2-14.7 Ancillary services Sec. 14.7. "Ancillary services", for purposes of IC 12-10-17, has the meaning set forth in IC 12-10- 17-2. As added by P.L.255-2001, SEC.L IC 12-7-2-15 Applicant Sec. 15. "Applicant" means the following: (1) For purposes of the following statutes, a person who has applied for assistance for the applicant or another person under any of the following statutes: (A) IC 12-10-6. (B) IC 12-10-12. (C) IC 12-13. (D) IC 12-14. (E)IC 12-15. (F) IC 12-17-1. (G) IC 12-17-2. (H)IC 12-17-3. (1) IC 12-17-9. (J)IC 12-17-10. (K)IC 12-17-11. (L) IC 12-19. (2) For purposes of IC 12-17-12, the meaning set forth in IC 12-17-12-1. (3) For purposes of IC 12-17-13, the meaning set forth in IC 12-17-13-1. (4) For the purposes of IC 12-17.2, a person who seeks a license to operate a child care center or child care home. (5) For purposes of IC 12-17.4, a person who seeks a license to operate a child caring institution, foster family home, group home, or child placing agency. As added by P.L.2-1992, SEC.]. Amended by P.L.20-1992, SEC4; P.L.81-1992, SEC4; P.L.1-1993, SEC.68; P.L.61-1993, SEC2; P.L.272-1999, SEC6. http://www.in.gov/legislative/ic/code/titlel2/ar7/ch2.html 2/20/2003 Indiana Code 12-7-2 Page 19 of 56 (A) death; (B) continued absence from the home; or (C) physical or mental incapacity; and (5) whose relatives liable for the individual's support are not able to provide adequate care or support for the individual without public assistance; and (6) who is in need of foster care, under circumstances that do not require the individual to be made a public ward. (b) This section applies to the following statutes: (1)IC 12-13. (2)IC 12-14. (3)IC 12-15. (4)IC 12-17-1. (5)IC 12-17-2. (6)IC 12-17-3. (7)IC 12-17-9. (8)IC 12-17-10. (9)IC 12-17-11. (10)IC 12-19. As added by P.L.2-1992, SEC.]. IC 12-7-2-61 Developmental disability Sec. 61. "Developmental disability" means the following: (1) Except as provided in subdivision (2), before July 1, 1993, the term means a disability of an individual that: (A) is attributable to: (i) mental retardation, cerebral palsy, epilepsy, or autism; (ii) any other condition found to be closely related to mental retardation, because this condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services; or (iii) dyslexia resulting from a disability described in this subdivision; (B) originates before the person is eighteen (18) years of age; (C) has continued or is expected to continue indefinitely; and (D) constitutes a substantial disability to the individual's ability to function normally in society. (2) For purposes of IC 12-10-7 and IC 12-28-1 before July 1, 1993, and for purposes of IC 12 after June 30, 1993, the term means a severe, chronic disability of an individual that: (A) is attributable to a mental or physical impairment, or a combination of mental and physical impairments (other than a sole diagnosis of mental illness); (B) is manifested before the individual is twenty-two (22) years of age; (C) is likely to continue indefinitely; (D) reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are of lifelong or extended duration and are individually planned and coordinated; and (E) results in substantial limitations in at least three (3) of the following: (i) Self -care. (ii) Receptive and expressive language. (iii) Learning. (iv) Mobility. (v) Self -direction. (vi) Capacity for independent living. http://www.in.gov/legislative/ic/codeltiitlel2/ar7/ch2.html 2/20/2003 Indiana Code 12-7-2 Page 20 of 56 (vii) Economic self-sufficiency. As added by P.L.2-1992, SEC 1. Amended by P.L.23-1993, SEC.37. IC 12-7-2-62 Developmentally disabled individual Sec. 62. "Developmentally disabled individual", for purposes of IC 12-11-1.1 and IC 12-11-2.1, refers to an individual who has a developmental disability. As added by P.L.2-1992, SEC L Amended by P.L.272-1999, SEC.16. IC 12-7-2-63 Repealed (Repealed by P.L.272-1999, SEC.66.) IC 12-7-2-64 Director Sec. 64. "Director" refers to the following: (1) With respect to a particular division, the director of the division. (2) With respect to a particular state institution, the director who has administrative control of and responsibility for the state institution. (3) For purposes of IC 12-10-15, the term refers to the director of the division of disabilities, aging, and rehabilitative services. (4) For purposes of IC 12-25, the term refers to the director of the division of mental health and addiction. (5) For purposes of IC 12-26, the term: (A) refers to the director who has administrative control of and responsibility for the appropriate state institution; and (B) includes the director's designee. (6) If subdivisions (1) through (5) do not apply, the term refers to the director of any of the divisions. As added by P.L.2-1992, SEC. 1. Amended by P.L.73-1998, SEC. 1; P.L.215-2001, SEC.25. IC 12-7-2-65 Disabled Sec. 65. "Disabled", for purposes of IC 12-10-10, has the meaning set forth in IC 12-10-10-3. As added by P.L.2-1992, SEC L IC 12-7-2-66 Disabled person Sec. 66. "Disabled person", for purposes of IC 12-14-15, refers to an individual described in IC 12- 14-15-1. As added by P.L.2-1992, SEC.]. IC 12-7-2-67 Discharge Sec. 67."Discharge", for purposes of IC 12-26, means the final and complete release of a mentally ill individual from the care, treatment, training, or detention at a facility to which the individual was committed or entered voluntarily. As added by P.L.2-1992, SEC. 1. IC 12-7-2-68 http://www.in.gov/legislative/ic/code/titlel2/ar7/ch2.html 2/20/2003 Indiana Code 12-7-2 Page 29 of 56 IC 12-7-2-95 Grant-in-aid Sec. 95. (a) "Grant-in-aid", for purposes of the statutes listed in subsection (b), means any money paid by the federal government to the state or any money paid by the state to a county for the purpose of defraying any of the expenses, claims, allowances, assistance, or obligations authorized by this title. (b) This section applies to the following statutes: (1)IC 12-13. (2)IC 12-14. (3)IC 12-15. (4)IC 12-17-1. (5)IC 12-17-2. (6)IC 12-17-3. (7)IC 12-17-9. (8)IC 12-17-10. (9)IC 12-17-11. (10)IC 12-19. As added by P.L.2-1992, SEC.]. IC 12-7-2-96 Gravely disabled Sec. 96. "Gravely disabled", for purposes of IC 12-26, means a condition in which an individual, as a result of mental illness, is in danger of coming to harm because the individual: (1) is unable to provide for that individual's food, clothing, shelter, or other essential human needs; or (2) has a substantial impairment or an obvious deterioration of that individual's judgment, reasoning, or behavior that results in the individual's inability to function independently. As added by P.L.2-1992, SEC.1. IC 12-7-2-97 Repealed (Repealed by P.L.27-1992, SEC.30.) IC 12-7-2-98 Group Sec. 98. "Group", for purposes of IC 12-8-10, has the meaning set forth in IC 12-8-10-3. As added by P.L.2-1992, SEC.]. IC 12-7-2-98.5 Group home Sec. 98.5. "Group home", for purposes of IC 12-17.4, means a residential structure in which care is provided on a twenty-four (24) hour basis for not more than ten (10) children. As added by P.L.20-1992, SEC.17 and P.L.81-1992, SEC.18. Amended by P.L.1-1993, SEC.85. IC 12-7-2-99 A person with a disability Sec. 99. "A person with a disability" means, for purposes of the following statutes, an individual who has a physical or mental disability and meets the program eligibility requirements of the division of disability, aging, and rehabilitative services: (1)IC 12-8-1-11. (2)IC 12-12-1. http://www.in.gov/legislative/ic/code/titlel2/ar7/ch2.html 2/20/2003 Indiana Code 12-7-2 Page 37 of 56 (C) A political subdivision of another state. (D) A hospital owned or operated by: (i) a unit of government; or (ii) a building authority that is organized for the purpose of constructing facilities to be leased to units of government. (E) A corporation incorporated under IC 23-7-1.1 (before its repeal August 1, 1991) or IC 23-17. (F) An organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code. (G) A university or college. As added by P.L2-1992, SEC.1. Amended by P.L40-1994, SEC.15; P.L6-1995, SEC.4; P.L273-1999, SEC.77, P.L215-2001, SEC.27. IC 12-7-2-127.5 Medicaid inpatient utilization rate Sec. 127.5. "Medicaid inpatient utilization rate", for purposes of IC 12-15-16-6, has the meaning set forth in IC 12-15-16-6(b). As added by P.L277-1993(ss), SEC.69. IC 12-7-2-128 Medicaid program Sec. 128. "Medicaid program" refers to the program established under IC 12-15. As added by P.L2-1992, SEC.]. IC 12-7-2-128.5 Exclusion of resources in determining eligibility for Medicaid; institution Effective 1-1-2003. Sec. 128.5. "Medical institution", for purposes of IC 12-15-8.5, has the meaning set forth in IC 12-15- 8.5-1. As added by P.L178-2002, SEC.79. IC 12-7-2-129 Member Sec. 129. "Member", for purposes of IC 12-8-2, has the meaning set forth in IC 12-8-2-2. As added by P.L2-1992, SEC.]. IC 12-7-2-129.2 Member of the applicant's household Sec. 129.2. "Member of the applicant's household", for purposes of IC 12-20-6-0.5, has the meaning set forth in IC 12-20-6-0.5. As added by P.L2-1996, SEC.231. IC 12-7-2-129.5 Mental health provider Sec. 129.5. "Mental health provider', for purposes of IC 12-13-15, has the meaning set forth in IC 12- 13-15-4. As added by P.L34-2001, SEC.4. IC 12-7-2-130 Mental illness http://www.in.gov/legislative/ic/code/titlel2/ar7/ch2.htnil 2/20/2003 Indiana Code 12-7-2 Page 38 of 56 Sec. 130. "Mental illness" means the following: (1) For purposes of IC 12-23-5, IC 12-24, and IC 12-26, a psychiatric disorder that: (A) substantially disturbs an individual's thinking, feeling, or behavior; and (B) impairs the individual's ability to function. The term includes mental retardation, alcoholism, and addiction to narcotics or dangerous drugs. (2) For purposes of IC 12-28-4 and IC 12-28-5, a psychiatric disorder that: (A) substantially disturbs an individual's thinking, feeling, or behavior; and (B) impairs the individual's ability to function. The term does not include developmental disability. As added by P.L2-1992, SEC. 1. IC 12-7-2-131 Mentally ill individual Sec. 131. "Mentally ill individual", for purposes of IC 12-22-1 and IC 12-24-17, means an individual who: (1) has a psychiatric disorder that substantially impairs the individual's mental health; and (2) requires care, treatment, training, or detention: (A) because of the psychiatric disorder; or (B) for the welfare of the individual or others of the community in which the individual resides. As added by P.L2-1992, SEC. 1. IC 12-7-2-131.5 Monitor Sec. 131.5. "Monitor" means the following: (1) For the purposes of IC 12-17.2, observation to determine the licensee's continuing compliance with IC 12-17.2. (2) For the purposes of IC 12-17.4, observation to determine the licensee's continuing compliance with IC 12-17.4. As added by P.L20-1992, SEC.19; P.L.81-1992, SEC.20. Amended by P.L1-1993, SEC.88. IC 12-7-2-132 Repealed (Repealed by P.L272-1999, SEC.66.) IC 12-7-2-133 Nursing facility Sec. 133. "Nursing facility" has the meaning set forth in 42 U.S.C. 1396r(a). As added by P.L2-1992, SEC.]. IC 12-7-2-133.5 Obligor Sec. 133.5. "Obligor", for purposes of IC 12-17-2, has the meaning set forth in IC 12-17-2-2.5. As added by P.L2-1996, SEC.232. Amended by P.L23-1996, SEC.12. IC 12-7-2-134 Office Sec. 134. "Office" means the following: (1) Except as provided in subdivisions (2) and (3), the office of Medicaid policy and planning established by IC 12-8-6-1. (2) For purposes of IC 12-10-13, the meaning set forth in IC 12-10-134. (3) For purposes of IC 12-17.6, the meaning set forth in IC 12-17.6-1-4. http://www.in.govAegislative/ic/code/titlel2/ar7/ch2.htnil 2/20/2003 Indiana Code 12-7-2 Page 46 of 56 (11) Aunt. As added by P.L20-1992, SEC.22 and P.L81-1992, SEC.23. Amended by P.L1-1993, SEC.92. IC 12-7-2-163 Repealed (Repealed by P.L139-1993, SEC.24.) IC 12-7-2-163.5 Request for proposals Sec. 163.5. "Request for proposals", for purposes of IC 12-8-12, has the meaning set forth in IC 12-8- 12-3. As added by P.L46-1995, SEC.4. Amended by P.L2-1997, SEC.32. IC 12-7-2-164 Resident Sec. 164. "Resident" has the following meaning: (1) For purposes of IC 12-10-15, the meaning set forth in IC 12-10-15-5. (2) For purposes of IC 12-16, except IC 12-16-1, and for purposes of IC 12-16.1, an individual who has actually resided in Indiana for at least ninety (90) days. (3) For purposes of IC 12-20-8, the meaning set forth in IC 12-20-8-1. (4) For purposes of IC 12-24-5, the meaning set forth in IC 12-24-5-1. As added by P.L2-1992, SEC.]. Amended by P.L73-1998, SEC.5; P.L.283-2001, SEC.18; P.L120- 2002, SEC.12. IC 12-7-2-165 Residential facility Sec. 165. "Residential facility", for purposes of IC 12-28-4 and IC 12-28-5, refers to a residential facility for the developmentally disabled or a residential facility for the mentally ill. As added by P.L2-1992, SEC. 1. IC 12-7-2-166 Residential facility for the developmentally disabled Sec. 166. "Residential facility for the developmentally disabled", for purposes of IC 12-28-4 and IC 12-28-5, means a facility that provides residential services for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2). As added by P.L.2-1992, SEC1. Amended by P.L23-1992, SEC.2; P.L272-1999, SEC.21. IC 12-7-2-167 Residential facility for the mentally ill Sec. 167. "Residential facility for the mentally ill", for purposes of IC 12-28-4 and IC 12-28-5, means a facility that provides residential services for mentally ill individuals in a program described in IC 12- 22-2-3. As added by P.L2-1992, SEC.]. Amended by P.L23-1992, SEC3; P.L62-1993, SEC3; P.L6-1995, SEC6. IC 12-7-2-168 Respite care Sec. 168. "Respite care" means the following: (1) For purposes of IC 12-10-4 and IC 12-10-5, temporary care or supervision of an individual with Alzheimer's disease or a related senile dementia that is provided because the individual's family or caretaker is temporarily unable or unavailable to provide needed care. http://www.in.gov/legislative/ic/code/titlel2/ar7/ch2.htnil 2/20/2003 i Indiana Code 12-22-2 Page 1 of 4 [c 12 22 _F2—_F— Gol I Help Information Maintained by the Office of Code Revision Indiana Legislative Services Agency 02/18/2003 11:38:26 AM EST IC 12-22-2 Chapter 2. Community Residential Programs IC 12-22-2-1 Planning and administration of programs Sec. 1. The division shall plan, develop, and administer programs of community based residential alternatives to placement in state institutions and nursing facilities licensed under IC 16-28 for individuals who are mentally ill. As added by P.L.2-1992, SEC.16. Amended by P.L.78-1992, SEC.25; P.L.2-1993, SEC.113. IC 12-22-2-2 Simulation of homelike atmosphere Sec. 2. The programs described in section 1 of this chapter must, to the extent feasible, simulate a homelike atmosphere with patterns and conditions of everyday life that are as close as possible to normal. As added by P.L.2-1992, SEC 16. IC 12-22-2-3 Contents of program; program setting Sec. 3. The programs consist of the following, which are listed in the order of the most restrictive setting to the least restrictive setting: (1) Sub -acute stabilization programs that serve at least four (4) individuals and not more than fifteen (15) individuals, and if the program serves mentally ill individuals, to provide sub -acute stabilization services to individuals on a short term basis. However, the director may waive the limitation for a sub -acute stabilization program. (2) Supervised group living programs, which serve at least four (4) individuals and not more than fifteen (15) individuals, if the program serves mentally ill individuals. However, the director may waive the limitation for a supervised group living program that: (A) was in existence on June 30, 1985; or (B) provides long term care to mentally ill individuals after June 30, 1985. The program and the individuals served by the program shall be closely supervised by trained individuals. (3) Alternative family programs, which serve not more than six (6) individuals who reside with an unrelated householder. The householder must be instructed on the needs of individuals in the program. (4) Semi-independent living programs, which serve not more than six (6) individuals who require only limited supervision. The supervision must be on a regular basis and take into account emergency needs of the individuals in the program. (5) Independent living support services for individuals residing independently with the individuals' families or with relatives. The services are temporary or provided intermittently. (6) Supported living service arrangements to meet the unique needs of individuals in integrated settings. http://www.ai.org/legislative/l*c/code/titlel2/ar22/ch2.htnil 2/18/2003 Indiana Code 12-22-2 Page 2 of 4 As added by P.L.2-1992, SEC16. Amended by P.L.78-1992, SEC.26, P.L.62-1993, SECS; P.L.6-1995, SEC 12. IC 12-22-2-4 Evaluation prior to program placement; emergency placement Sec. 4. (a) Except as provided in subsection (b), an individual may not be placed in a program described in section 3(1), 3(2), or 3(3) of this chapter until after an evaluation approved by the division indicates the following: (1) Placement in a particular program of services is appropriate. (2) Treatment and crisis intervention services needed by a mentally ill individual are available. (b) Emergency placements of not more than sixty (60) days may be made without an evaluation. As added by P.L.2-1992, SEC.16. IC 12-22-2-5 Least restrictive placement Sec. 5. To the extent that programs described in section 3 of this chapter are available and meet an individual's needs, an individual should be placed in a program that is the least restrictive. As added by P.L2-1992, SEC.16. IC 12-22-2-6 Continuation of placement in child caring institution Sec. 6. The division may continue the placement of a mentally ill individual in a child caring institution licensed under IC 12-17.4, a county home regulated by IC 12-30-3, or a health facility licensed under IC 16-28 if: (1) the individual was placed in the institution, home, or facility before July 1, 1985; and (2) the placement continues to be appropriate for the individual, as determined by the division. As added by P.L.2-1992, SEC.16. Amended by P.L.81-1992, SEC32; P.L2-1993, SEC114. IC 12-22-2-7 Contracts to provide programs Sec. 7. The division may contract with any of the following to provide the programs described in section 3 of this chapter: (1) Community mental health centers. (2) Corporations. (3) Individuals. (4) Managed care providers. As added by P.L2-1992, SEC16. Amended by P.L6-1995, SEC13. IC 12-22-2-8 Individuals discharged from state institutions or placed on outpatient status; placement preference Sec. 8. (a) If the superintendent of a state institution requests, the division shall determine if an individual who is being discharged from the state institution or placed on outpatient status by the state institution should be given preference for placement in a community residential program described in section 3 of this chapter. (b) A determination of the division under subsection (a) is binding upon an individual who enters into a contract under section 7 of this chapter. As added by P.L2-1992, SEC.16. http://www.ai.org/legislative/ic/code/titlel2/ar22/ch2.htn-d 2/18/2003 Indiana Code 12-22-2 Page 3 of 4 ? IC 12-22-2-9 Liability for cost of services; rules Sec. 9. (a) Except as specified by the terms of the Medicaid program: (1) an individual who receives services under this chapter; and (2) the parents of the individual if the individual is less than eighteen (18) years of age; are liable for the cost for the services. (b) The cost shall be established under rules adopted by the director under IC 4-22-2. As added by P.L.2-1992, SEC.16. IC 12-22-2-10 Medicaid eligibility; transferees to programs Sec. 10. An individual who is: (1) mentally ill; and (2) eligible under the Medicaid program; remains eligible for Medicaid if transferred to a community residential program described in section 3 (1), 3(2), 3(3), or 3(4) of this chapter. As added by P.L.2-1992, SEC.16. Amended by P.L.62-1993, SEC.6. IC 12-22-2-11 Operation by unlicensed entity; investigations; penalties Sec. 11. (a) An entity may not: (1) operate a program described in IC 12-22-3; or (2) hold itself out as operating; (A) a program described in IC 12-22-3; or (B) a group home for individuals who are mentally ill; unless the entity is licensed or certified by the division of mental health and addiction. (b) The division of mental health and addiction shall investigate a report of: (1) an unlicensed facility housing a community residential program described in section 3(1), 3(2), and 3(3) of this chapter; (2) an uncertified operator of a community residential program described in section 3(1), 3(2), and 3(3) of this chapter; or (3) a licensed or certified entity's noncompliance with this article; and report the division's findings to the attorney general. (c) The attorney general may do the following: (1) Seek the issuance of a search wan -ant to assist in an investigation under this section. (2) File an action for injunctive relief to stop the operation of a facility described in subsection (b) if there is reasonable cause to believe that: (A) the facility or the operator of a community residential program described in subsection (b) is operating without a required license or certification; or (B) a licensed or certified entity's actions or omissions create an immediate danger of serious bodily injury to a mentally ill individual or an imminent danger to the health of a mentally ill individual. (3) Seek in a civil action a civil penalty of not more than one hundred dollars ($100) a day for each day a facility is operating: (A) without a license or certification required by law; or (B) with a license or certification required under this chapter, but is not in compliance with this article, IC 12-21-2-3, or rules adopted under this article or IC 12-21-2-3. (d) The division of mental health and addiction may provide for the removal of mentally ill individuals from facilities for the mentally ill described in subsection (c). (e) There must be an opportunity for an informal meeting with the division of mental health and http://www.ai.org/legislative/ic/code/titlel2/ar22/ch2.html 2/18/2003 Indiana Code 12-22-2 Page 4 of 4 s addiction after injunctive relief is ordered under this section. (f) The civil penalties collected under this section must be deposited in the mental health centers fund (IC 6-7-1-32.1). As added by P.L.111-1997, SEC.4. Amended by P.L.215-2001, SEC.61. DOOM a - i Agency Listing Policies Contact Network Terms of Use Search IN.gov 00 http://www.ai.orgliegislative/ic/code/titlel2/ar22/Ch2.htmi 2/18/2003 Indiana Code 12-11-1.1 Page 1 of 3 Ic 12 11 1.1 _F- Gol'I Help Information Maintained by the Office of Code Revision Indiana Legislative Services Agency 02/18/2003 11:37:12 AM EST IC 12-11-1.1 Chapter 1.1. Bureau of Developmental Disabilities Services; Community Based Services IC 12-11-1.1-1 Establishment Sec. 1. (a) The bureau of developmental disabilities services is established within the division. (b) The bureau shall plan, coordinate, and administer the provision of individualized, integrated community based services for developmentally disabled individuals and their families, within the limits of available resources. The planning and delivery of services must be based on the developmentally disabled individual's future plans rather than on traditional determinations of eligibility for discrete services, with an emphasis on the preferences of the developmentally disabled individual and that individual's family. (c) Services for developmentally disabled individuals must be services that meet the following conditions: (1) Are provided under public supervision. (2) Are designed to meet the developmental needs of developmentally disabled individuals. (3) Meet all required state and federal standards. (4) Are provided by qualified personnel. (5) To the extent appropriate, are provided in home and community based settings in which individuals without disabilities participate. (6) Are provided in conformity with a service plan developed under IC 12-11-2.1-2. (d) The bureau shall approve entities to provide community based services and supports. (e) The bureau shall approve and monitor community based residential, habilitation, and vocational service providers that provide alternatives to placement of developmentally disabled individuals in state institutions and health facilities licensed under IC 16-28 for developmentally disabled individuals. The services must simulate, to the extent feasible, patterns and conditions of everyday life that are as close as possible to normal. The community based service categories include the following: (1) Supervised group living programs, which serve at least four (4) individuals and not more than eight (8) individuals, are funded by Medicaid, and are licensed by the community residential facilities cou (2) Supported living service arrangements to meet the unique needs of individuals in integrated settings, which may serve not more than four (4) unrelated individuals in any one (1) setting. However, the head of the bureau shall waive this limitation for a setting that was in existence on June 30, 1999. (3) Day habilitation and vocational services that are goal oriented and person focused to achieve the degree of independence possible in activities of daily living. (f) To the extent that services described in subsection (e) are available and meet the individual's needs, an individual is entitled to receive services in the least restrictive environment possible. (g) Community based services under subsection (e)(1) or (e)(2) must consider the needs of and provide choices and options for: (1) developmentally disabled individuals; and (2) families of developmentally disabled individuals. http://www.ai.org/legislative/ic/code/titlel2/arll/chl.l.html 2/18/2003 Indiana Code 12-11-1.1 Page 2 of 3 (h) The bureau shall administer a system of service coordination to carry out this chapter. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-2 Medicaid funding; payment for services Sec. 2. (a) Except as specified by the terms of the Medicaid program: (1) an individual who receives services under this chapter; and (2) the parents of the individual, if the individual is less than eighteen (18) years of age; are liable for the cost of services and supports. (b) The bureau shall make every effort to assure that individualized service plans developed for developmentally disabled individuals maximize the amount of Medicaid funding available to meet the needs of the individual. (c) The bureau may provide reimbursement for services identified in an individual's individual service plan that are not eligible for Medicaid reimbursement and for which the individual does not have the resources to pay. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-3 Contracts to provide services Sec. 3. The division may contract with: (1) community mental retardation and other developmental disabilities centers; (2) corporations; or (3) individuals; that are approved by the division to provide the services described in this chapter. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-4 Continuing eligibility for Medicaid Sec. 4. A developmentally disabled individual who is eligible for Medicaid remains eligible for Medicaid if transferred to community based services described in section 1(e) of this chapter. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-5 Continuing approved placement of individuals in certain facilities Sec. 5. The bureau may continue the approved placement of a developmentally disabled individual in a child caring institution licensed under IC 12-17.4, a county home regulated by IC 12-30-3, or a health facility licensed under IC 16-28 if: (1) the individual was placed in the institution, home, or facility before July 1, 1985; and (2) the placement continues to be appropriate for the individual, as determined by the bureau. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-6 Autistic individuals not excluded Sec. 6. An individual who has been diagnosed to be autistic may not be excluded from services for developmentally disabled individuals because the individual has autism. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-7 Community residential facilities operated by division Sec. 7. Subject to the availability of money, the division may operate community residential facilities http://www.ai.org/legislativelic/code/titlel2/arl l/chl.l.html 2/18/2003 Indiana Code 12-11-1.1 Page 3 of 3 for developmentally disabled individuals who are hard to place, if private providers cannot be found to operate facilities for those individuals. Placement of individuals in these facilities is governed by IC 12- 11-2.1. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-8 Calculation of savings from transfer or discharge of individuals to community based resident setting Sec. 8. The budget agency shall annually: (1) calculate; and (2) report to the budget committee; any savings realized from the transfer or discharge of individuals with developmental disabilities from a state developmental center to a community based resident setting. As added by P.L.272-1999, SEC.33. IC 12-11-1.1-9 Rules Sec. 9. The director of the division may adopt rules under IC 4-22-2 to carry out this chapter. As added by P.L.272-1999, SEC.33. i ., . I ® - Searoh IN. ov 09 http://www.ai.org/legislative/ic/code/titlel2/arll/chi.i.html 2/18/2003 Indiana Code 12-28-4 Page 1 of 4 is F12 28 .f4 _F-- Go'! I Help Information Maintained by the Office of Code Revision Indiana Legislative Services Agency 02/18/2003 11:24:21 AM EST IC 12-28-4 Chapter 4. Residential Facilities for Developmentally Disabled Individuals and Mentally Ill Individuals IC 12-28-4-1 Application of chapter Sec. 1. This chapter applies to residential facilities for both developmentally disabled individuals and mentally ill individuals. As added by P.L.2-1992, SEC.22. IC 12-28-4-2 Planning authority defined Sec. 2. As used in this chapter, "planning authority" means the agency of county, city, or town government that performs the planning function under IC 36-7 for the land on which a residential facility may be placed. As added by P.L.2-1992, SEC.22. IC 12-28-4-3 Staffing; daily living, self-help, and social skills needs of recipients; Medicaid; federal financial participation Sec. 3. Residential facilities for the developmentally disabled must have sufficient qualified training and habilitation support staff so that the residential facility, regardless of organization or design, has appropriately qualified and adequately trained staff (not necessarily qualified mental retardation professionals (as defined in 42 CFR 442.401)) to conduct the activities of daily living, self-help, and social skills that are minimally required based on each recipient's needs and, if appropriate, for federal financial participation under the Medicaid program. As added by P.L.2-1992, SEC.22. IC 12-28-4-4 Staffing limitations for facilities certified for financial participation under Medicaid program Sec. 4. For residential facilities for the developmentally disabled that are certified for financial participation under the Medicaid program, the division of disability, aging, and rehabilitative services shall recommend staffing limitations consistent with the program needs of the residents as a part of the office of Medicaid policy and planning's rate setting procedures. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.208; P.L.5-1993, SEC.221. IC 12-28-4-5 Staffing limitations for facilities not certified for financial participation under Medicaid program Sec. 5. For residential facilities for the developmentally disabled that are not certified for financial participation under the Medicaid program, the division of disability, aging, and rehabilitative services shall approve appropriate staffing limitations consistent with the program needs of the residents as a part http://www.ai.org/legislative/ic/code/titlel2/ar28/ch4.html 2/18/2003 Indiana Code 12-28-4 Page 2 of 4 of the division's rate setting procedures. As added by P.L.2-1992, SEC22. Amended by P.L.4-1993, SEC.209; P.L.5-1993, SEC222. IC 12-28-4-6 Staffing limitations; memorandum of agreement Sec. 6. The office of Medicaid policy and planning and the division of disability, aging, and rehabilitative services shall enter into a memorandum of agreement that defines the staffing limitations to be used by the office of Medicaid policy and planning in establishing reimbursement rates. The staffing limitations under section 5 of this chapter may not exceed the staffing limitations defined by the memorandum of agreement between the office of Medicaid policy and planning and the division of disability, aging, and rehabilitative services under section 4 of this chapter. As added by P.L.2-1992, SEC22. Amended by P.1..4-1993, SEC.210; P.L.5-1993, SEC.223. IC 12-28-4-7 Zoning ordinances; residential facilities for the mentally ill Sec. 7. (a) A zoning ordinance (as defined in IC 36-7-1-22) may not exclude a residential facility for the mentally ill from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related. The residential facility may be required to meet all other zoning requirements, ordinances, and laws. (b) A zoning ordinance may exclude a residential facility for the mentally ill from a residential area if the residential facility will be located within three thousand (3,000) feet of another residential facility for the mentally ill, as measured between lot lines. As added by P.L.2-1992, SEC.22. IC 12-28-4-8 Zoning ordinances; residential facilities for developmentally disabled; requirements, standards, and building codes Sec. 8. (a) A residential facility for the developmentally disabled: (1) for not more than eight (8) developmentally disabled individuals; and (2) established under a program authorized by IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); is a permitted residential use that may not be disallowed by any zoning ordinance (as defined in IC 36-7- 1-22) in a zoning district or classification that permits residential use. (b) A zoning ordinance may only require a residential facility described in subsection (a) to meet the same: (1) zoning requirements; (2) developmental standards; and (3) building codes; as other residential structures or improvements in the same residential zoning district or classification. As added by P.L.2-1992, SEC22. Amended by P.L.272-1999, SEC.48. IC 12-28-4-9 Covenants created prior to April 1,1988, restricting residential facilities for mentally ill or developmentally disabled persons; validity Sec. 9. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created before April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property. (b) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a residential facility for http://www.ai.org/legislative/ic/code/titlel2/ar28/ch4.html 2/18/2003 Indiana Code 12-28-4 Page 3 of 4 developmentally disabled individuals or mentally ill individuals: (1) on the ground that the residential facility is a business; (2) on the ground that the individuals residing in the residential facility are not related; or (3) for any other reason; is, to the extent of the prohibition, void as against the public policy of the state. As added by P.L.2-1992, SEC.22. IC 12-28-4-10 Covenants created on or after April 1,1988, restricting residential facilities for mentally ill or developmentally disabled persons; validity Sec. 10. (a) This section applies to each restriction, reservation, condition, exception, or covenant that is created on or after April 1, 1988, in any subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property. (b) A restriction, a reservation, a condition, an exception, or a covenant in a subdivision plat, deed, or other instrument of, or pertaining to, the transfer, sale, lease, or use of property that would permit the residential use of property but prohibit the use of that property as a residential facility for developmentally disabled individuals or mentally ill individuals: (1) on the ground that the residential facility is a business; (2) on the ground that the individuals residing in the residential facility are not related; or (3) for any other reason; is, to the extent of the prohibition, void as against the public policy of the state. As added by P.L.2-1992, SEC.22. IC 12-28-4-11 Repealed (Repealed by P.L.6-1995, SEC.39.) IC 12-28-4-12 Establishment of facilities by division; priority given counties with low ratios of resident facility beds; recruiting private operators Sec. 12. (a) Subject to the availability of money and consistent with needs assessment, the division of disability, aging, and rehabilitative services shall give priority to the establishment of residential facilities, other than the facilities described in section 3 of this chapter, in counties in which the ratio of the number of residential facility beds to county population is in the lowest twenty-five percent (25%) when compared to all other Indiana counties. The division of disability, aging, and rehabilitative services may operate residential facilities established under this section. (b) Before the division of disability, aging, and rehabilitative services takes any steps to establish a residential facility under this section, the division shall place at least two (2) legal advertisements in a newspaper having a general circulation in the county. These advertisements must be aimed at recruiting private parties to serve as operators of residential facilities in the county. The advertisements must be published at intervals at least one (1) month apart. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.212; P.L.5-1993, SEC.225. IC 12-284-13 Development and lease effort Sec. 13. (a) The division of disability, aging, and rehabilitative services may operate a program known as the development and lease effort. Under the program, the division of disability, aging, and rehabilitative services may develop contracts under which the state agrees to lease buildings from private parties for use as residential facilities for mentally ill individuals or autistic or other developmentally disabled individuals. Notwithstanding any other law, each contract may include provisions that ensure the following: http://www.ai.org/legislative/ic/code/titlel2/ar28/ch4.html 2/18/2003 Indiana Code 12-28-4 Page 4 of 4 (1) That the state will lease a building for not more than ten (10) years for use as a residential facility for autistic individuals. (2) That the state will retain the right to extend the term of the lease for not more than ten (10) years at the conclusion of the first ten (10) years. (3) That the state will retain the right to sublease the building to a person who agrees to operate the building as a residential facility for autistic individuals under this chapter. (b) Leases entered into under this section are subject to the approval of the Indiana department of administration, the attorney general, the governor, and the budget agency, as provided by law. As added by P.L.2-1992, SEC.22. Amended by P.L.4-1993, SEC.213; P.L.S-1993, SEC.226. IC 12-28-4-14 Rules Sec. 14. The community residential facilities council may adopt rules under IC 4-22-2 to implement this chapter. As added by P.L.2-1992, SEC.22. .rameMas, Contact Network Terms of Use Search IN.gov GO http://www.ai.org/legislative/ic/code/titlel2/ar28/ch4.htnil 2/18/2003 Keeling, Adrienne M ?= ; � '` V. From: Tingley, Connie S Sent: Friday, May 09, 2003 12:00 PM To: Keeling, Adrienne M Subject: FW: complaint -----Original Message ---- From: Babbitt, Pamela A Sent: Friday, May 09, 2003 11:33 AM To: Tingley, Connie S Subject: complaint Jack Harris wants to know what his neighborhood can do to remove an in home Health Care facility on his cul-de-sac. Address is 10495 Lakeshore Place. They are having ambulances come all hours of the night and cars parking in his grass and the grass of other neighbors on the cul-de-sac. He is also concern about fire code violations with up to 4 patients in the home and 1 care giver. Can this business move from our neighborhood into a commercial property? or at least an area that is more conducive to traffic flow and noise? Of CAy��( Cityof Carmel "�<>o„ �0@ DEPARTMENT OF COMMUNITY SERVICES March 6, 2003 Khari Nixon & Michelle R. Burch 10495 Lakeshore Place Carmel, IN 46033 Dear Property Owner: This letter is to infonn you that an inquiry has been made to our department regarding a possible group home located at 10495 Lakeshore Place. Please be advised that this property is in a S-2/Residence District, and may only be used for the following purposes: single-family dwelling, home occupation or residential kennel. However, enclosed is the definition of a group home, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. State Law (IC 12-28-4) does offer protection for licensed group homes by stating that local zoning ordinances: "...may not exclude a residential facility ... from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related" To resolve this matter please provide the Department with a copy of the State License under which this group home operates. If this is not a properly licensed group home, then this matter may be construed as a commercial use of property in a S-2/Residence District. To avoid further enforcement action, please forward a copy of the appropriate license within 10 days. If you have any questions or feel you have received this letter in error, please do not hesitate to contact me at 571-2423. Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: file: 2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 Hamilton Co., IN - Online Reports Page 1 of 1 Current Parcel Information Select A Different Report � New Search for Currant Report Disclaimer: The information available through this program is current as of 413/03. This information has been derived from public records It are constantly undergoing change and is not warranted for content or accuracy. It may not reflect the current information pertai to this property. Parcel No: 16-14-08-01-02-011.000 Property Address: 10495 Lakeshore PI Carmel, IN 46033 Deeded Owner: Nixon, Khari & Michelle R Burch Owner Address: 10495 Lake Shore PI CARMEL , IN46033 Last Changed: 1/24/03 4:07:25 PM Legal Description: BRIAR CREEK 94.9 X 153.2 UA 282-462 & 463 8/25/97 FR RICHARDSON 9735166 8/25/97 FR RICHARDSON TRSTEE 9735167 Section/Township/Range: 08/17/04 Subdivision Name: BRIAR CREEK Block: 1 Plat: 099 Deeded Acres: 0 Political Township: Clay Lot Number(s): 11 Most Recent Transfer Date: 1/22/03 This application is developed and maintained by the Information System Services Department. If you have any questions or comments, please contact the Webmaster. ® 2002 Hamilton Co. Contact Us I Conditions of Use I Site Map I Help I HOME http://www.co.hamilton.in.uslapplreportslrptparcelinfo.asp?parcelno=1614080102Ol1000 5/13/2003 Department of Community Services Property Activity Form Full Address of Property : 10495 LAKESHORE PL Date Filled : py17/21103 Record Number: 2003.0024 Type Of Activity: New owner of this property is taking in Alzebeimer patients. Does she have a license making this group home?? (Helen Richardson from property records may be previous owner.) Property Owner : HELEN M RICHARDSON Same As Owner ❑ Address of Activity 10495 LAKESHORE PL Mailing Address: Phone: Comments: Name Of Filer: JACK HARRIS Address: 110511 LAKESHORE DRIVE E Phone: Comments: Me Harris has heard that the new owner Is planning to purchase more homes in the area to take in more patients. 2.17-03 Second call from: lelen Schad, 10529 Lakeshore Dr E, 946-0761 Department of Origin: DOCS•CT Letter t Sent : 02/2l/Z003 Cert Ltr to Rlchardsodrnrrent owner,10 days license. AK Letter 2 Sent: Letter 3 Sent : Uate VI Comments : e with I amence Lft H owner has a license, it is a group home and exempt from zoning. license. ct 02/17/2003 4`y or C,jq��` City of Carmel "'gyros coy �� DEPARTMENT OF COMMUNITY SERVICES February 21, 2003 Helen M. Richardson Or Current Owner 10495 Lakeshore Place Carmel, IN 46033 Dear Property Owner: This letter is to inform you that an inquiry has been made to our department regarding a possible group home located at 10495 Lakeshore Place. Please be advised that this property is in a S-2/Residence District, and may only be used for the following purposes: single-family dwelling, home occupation or residential kennel. However, enclosed is the definition of a group home, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. State Law (IC 12-28-4) does offer protection for licensed group homes by stating that local zoning ordinances: "...may not exclude a residential facility ... from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related." To resolve this matter please provide the Department with a copy of the State License under which this group home operates. If this is not a properly licensed group home, then this matter may be construed as a commercial use of property in a S-2/Residence District. To avoid further enforcement action, please forward a copy of the appropriate license within 10 days. If you have any questions or feel you have received this letter in error, please do not hesitate to contact me at 571-2423. Sincerely, zv �& Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosures cc: file:2003.0024 ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2417 CITY OF CARMEL & CLAY TOWNSHIP ZONING ORDINANCE GARAGE, PUBLIC. Any building, except those defined herein as a private garage, used for the storage or care of motor vehicles or where such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale. GREENBELT. That portion of the Front Yard of the Lot which is immediately adjacent and parallel to the right-of-way of State Highway 431, U.S. Highway 31 or U.S. Highway 421, located within an Overlay Zone District Boundary and having a minimum depth of thirty (30) feet. GREENBELT BUFFER. see BUFFER, GREENBELT. GREENHOUSE. A structure for the propagation of plant materials and for sale of same. GREENHOUSE, COMMERCIAL. A building used for the growing of plants, all or part of which are sold at retail or wholesale. HABITATION/OCCUPANCY. The act, state or condition of being or becoming a tenant or of living in or taking up quarters or space in a structure or on a land area. HEIGHT, BUILDING. The vertical distance from the lot ground level to the highest point of the roof for a flat roof, to the deck line of a mansard roof and to the mean height between eaves and ridges for gable, hip and gambrel roofs. HELIPORT. A facility or land area with navigation devices for the takeoff and landing of helicopters with or without services available for aircraft. HOME, GROUP. Any of the following: 1. a residential structure (licensed under IC 12-17.4) in which care is provided on a twenty- four (24) hour basis for not more than ten (10) children; or 2. a facility (licensed under IC 12-28-4) that provides residential services for developmentally disabled individuals in a program described in IC 12-11-1.1-1(e)(1) or IC 12-11-1.1-1(e)(2); or 3. a facility (licensed under IC 12-284) that provides residential services for mentally ill individuals in a program described in IC 12-22-2-3. (adopted per Z-345) HOME, MANUFACTURED. IC 36-74-1106 established a definition of a manufactured home to be a dwelling unit designed and built in a factory containing a seal certifying that the home was built in compliance with Federal Manufactured Housing Construction and Safety Standards Law (42 U.S.C. 5401 et seq.) and applies to such homes that were built after January 1, 1981. Manufactured homes which exceed 950 square feet may not be totally precluded by ordinance from being located in various areas zoned for housing. HOME, MOBILE. (See "Mobile Home'). HOME, TOURIST. A building in which one (1) but not more than five (5) guest rooms are used to provide or offer overnight accommodations to transient guests for compensation. HOME OCCUPATION. An Accessory Use conducted in a Single-, Two- or Multiple -family Dwelling which is clearly incidental and secondary to the use of the Dwelling for dwelling purposes. (see also Section 15.18) Chapter 3: Definitions 3-9 as amended per Z-320; Z-339; Z-340; Z-345; Z-365-01; Z-369-02 Summer 2002 v1 Department of Community Services Property Activity Form Full Address of Property: 10495 LAKESHORE PL Date Filled : 02/17/2003 Type Of Activity: Property Owner Record Number: 2003.0024 owner of this property is taking in Alzeheimer patients. Does she have a licent p home?? (Helen Richardson from property records may be previous owner.) HELEN M RICHARDSON Address of Activity 10495 LAKESHORE PL Mailing Address: Phone Comments: Name Of Filer: IJACK HARRIS Same As Owner Address: 1100551p1yLLAKESHORE DRIVE E Phone: l---__ Comments: Mr Hams has heard that the new owner is planing to purchase more homes in the area to take in more patients. 2.17.03 Second call from: lelen Schad, 10529 Lakeshore Dr E, 546-0761 Department of Origin: DOCS-CT Letter I Sent: I _� Letter 2 Sent: Letter 3 Sent : Date Of Update: Comments , arove oy me home on tms mite. mere were no exwnor mmcanons of a group nome. merewere cars In the driveway. AK will compose a letter asking for proper license information. AK 1 Of Cqq City of Carmel <>o, 0 DEPARTMENT OF COMMUNITY SERVICES March 6, 2003 Khari Nixon & Michelle R. Burch 10495 Lakeshore Place Carmel, IN 46033 Dear Property Owner. This letter is to inform you that an inquiry has been made to our department regarding a possible group home located at 10495 Lakeshore Place. Please be advised that this property is in a S-2/Residence District, and may only be used for the following purposes: single-family dwelling, home occupation or residential kennel. However, enclosed is the definition of a group home, as it appears in Chapter 3 of the Carmel/Clay Zoning Ordinance. State Law (IC 12-28-4) does offer protection for licensed group homes by stating that local zoning ordinances: "...may not exclude a residential facility ... from a residential area solely because the residential facility is a business or because the individuals residing in the residential facility are not related" To resolve this matter please provide the Department with a copy of the State license under which this group home operates. If this is not a properly licensed group home, then this matter may be construed as a commercial use of property. in a S-2/Residence District. To avoid further enforcement action, please forward a copy of the appropriate license within 10 days. If you have any questions or feel you have received this letter in error, please do not hesitate to contact me at 571-2423. Sincerely, Adrienne Keeling Code Enforcement Officer Department of Community Services Enclosure cc: file:2003.0024 ONE CIVIC SQUARE CARN EI , INDIANA 46032 317/571-2417 Keeling, Adrienne M From: Pattyn, Dawn E Sent: Tuesday, February 25, 2003 12:26 PM To: Keeling, Adrienne M; Hohlt, William G Cc: Tingley, Connie S; Hollibaugh, Mike P; Kendall, Jeff A Subject: Complaint #2003.0024 RE: Possible Alzeheimer's group home at 10495 Lakeshore Place. This is an existing complaint that I added to this morning. Another filer, same complaint, he did ask for a call back as soon as we get a response to the letter sent out on 2/21/03. Many thanks, Dawn Department of Community Services Property Activity Form Full Address of Property : 10495 LAKESHORE PL Date Fined: 02/17/2003 Record Number: 2003.0024 Type Of Activity: New owner of this property is taking in Alzeheimer patients. Does she have a license making this group home?? (Helen Richardson from property records may be previous owner.) ProyertV Owner : HELEN NI RICHARDSON Same As Owner 71 Address of Activity 10495 LAKESHORE PL Mailing Address: Phone: Comments: Name Of Filer: JACK HARRIS Address: 10511 LAKESHORE DRIVE E Phone: 844-8405 Mr Harris has heard that the new owner is planning to purchase more homes in the area to take in more patients. Comments : 2-17-03 Second call from: lelen Schad, 10529 Lakeshore Dr E, 946-0761 Department of Origin; DOCS-CT Letter I Sent Letter 2 Sent Letter 3 Sent Comments : I spoke with Laurence Lillig. If owner has a license, it is a group home and exempt from zoning. Plea ie verify license, ct 02/17/2003 Department of Community Services PROPERTY INFORMATION AND ACTIVITY TRACKING Property Information Parcel Number: 1614080102011000 Property Address: UNRNO NDUEE No. IIWffI:NCT. 10495 STREET: LAKESHORE Pl. Cm: nP CODE: CARMEL 46033 SUBDPASION: BRIAR CREEK LOT*: SUBDVSECT: 11 01 ZONING: LOCATION: WATER SERVICE: SEWER SERVICE: S2 CITY INDPLS CARMEL SECTION: LAND DISTRICT: SCHOOL DISTRICT: PUT NUMBER: 099 BLOCK t: MERIDIAN: TAXING UMT: USAGE CODE: DISTRICT LOT: TOWNSHIP: DEEDED ACRES: NAME: AAMWY TWA.P: HKEN M RICHARDSON ADDRESS: 10495 LAKESHORE PLACE CRY: STATE: DP CARMEL IN 46033 Building Permits, APPUCARON NO: APPLICATION DATE: REPIYPE: I+®AfNQ PEIA.Mr PFRXIP 9TANE: RECEWS: L gn Permits "P ATIONS: PERMIiE l6UED: RECEIPTG PC DOCKET WA DOCKET COMPUINTS El 1-171 Description Rear'Date Sent Appr'd Building Permit Payment - Water Payment Sewer Payment Truss Specs ❑ Survey Certificate ❑ Engineering Certificate ❑ Zoning Approval ❑ Development Permit ❑ Fire Department ❑ - ❑ Gas Inspector ❑ ❑ Temporary Occupancy Approved: Expires: Occupancy Certificate Approved: Insp: Received Other LJ Keeling, Adrienne M From: Tingley, Connie S Sent: Monday, February 17, 2003 11:43 AM To: Keeling, Adrienne M Cc: Hohlt, William G; Blanchard, Jim E; Kendall, Jeff A; Hollibaugh, Mike P Subject: complaint 2003.0024 Please check license. New owner is taking in Alzheimer's patients. ct