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HomeMy WebLinkAbout CE03040004e 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 or on the front ifspace permits. i. Article Addressed to: � JUL-1-2—OW) Harrigan Enterprises Ir PO Box 90272 Indianapolis, IN 46290 X ❑ Agent ❑ Addressee e�,p y (Pn ed hr€J C, Date r od4 % Is delivery address different from item l? 1] Yes If YES, enter delivery address below: ❑ No .1 3. 'rice Type 'rice Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7002 0460 0002 0693 �3107 (Fmnsfer from service label), I" it I a 1 1 it I t it I . t 1 I ' 1 Form 138 �' ; August 2001 i' i i+ Domestic Return Receipt ID2595-o2-M-154o . NOTICE OF ZONING ORDINANCE VIOLATION DATE AND TIME OF ISSUANCE: July 11, 2003 AT 3:00 P.M. City of,'Carmel/Clay Township RECORD # CE03040004 Department of Community Services One Civic Square Carmel, Indiana 46032 (317) 571-2444 Location of Violation: 9613 College Avenue Indianapolis, IN 46280 OWNER or TENANT: Mailing Address: Nature of Violation: Ordinance Section Violated: Date/Time of Violation: Harrigan Enterprises Inc. B-3/Business District. Since on or before May18, 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 $500.60 - Subsequent Violations* *Each day a violation remains uncorrected constitutes a separate violation that is subject to a separate fine. Comments:' Relevant ordinances enclosed DO NOT DISREGARD THIS NOTICE!! Please contact the inspector listed below immediately I MM05 ��W#�Ww • CERTIFIED NOTICE - RETURN RECEIPT REQUESTED JS:Wo enforunkofwo cu a Uuea�CMo9oaoaAWWI w31 CITY OF CARMEL & CLAY TOWNSHIP ZONDP ORDINANCE CARMEL/CLAY ZONING ORDINANCE' .' CHAPTE104: B-3BUSINESS DISTRICT 14.0 14.1. f 4°Z 143 14A 14.5 14.6 14.0 B-3Business District: 14:0:1 Puroose'and Intent! The, purpose -of this district is to provide for wide variety of -commercial and office,uses in transitional 'locations, throughout the community: The intent is to 'establish somewhat -more stringenttre4uirements in order to better regulate businesses locating in primarily; newly developing areas. 14.0.2 Plan Commission Approval. A. Development Plan. The Commiskon,shall''review'the Development Plan (DP) of any propose& use �of::any-Lot or parcel of ground withinthe.B-3 District priortothe issuance of an. Improvement Location Pemrit:• by then Department. Once. approved by the Commission,the. Development Plan,(DP)sshalinot be materially oraubstantially changed' or altered'withoutJhe prior approval of the§Commission. The Development: Plan shall address the�comprehensive arrangementoflanduses,buildings„landscape,areas, road and parldng;areas.inaccordance:with -harmonious and aesthetic principles,ofthe ADLS. "compatibility of;tge proposed use witti-agpining areas tme.uomm Architectural Design,Exterior Lighting, Landscaping and Signage any proposed use of any Lot -or parcel of;groun3 witliin the B- issllnnce;,of.an Improvement Location Permit by the Department: 'Commission the ,Architectural Design, Exterior. Lighting, Lanc (ADLS) 'shall not: be matena-11y,or "substantially changed or alit 'approval of.the Commission; Sec; 14.0'amerided per Ordinance Nn., ZZ365=01. Amended `per OrdinaaceNo. Z369-02;; §s. 14:1' Permitted Uses: None Country club Golfcourse Multiple -family. dwelling' da Arnendedper Z-365-01; Z-369-02 Spring 2002 Q To insure the shall review the 3) application of rict-prior to the approved by the ig "and'Signage Tthout'the prior - CITY OF. CARMEL: & CLAYJOWNSHIP ZONWG ORDINANCE- d' 25.15 Sexually Oriented Businesses, �- •roil .,r. r (1) Zoning,, A Sexually Oriented Business (SOB), shall be ,pemutted only in the M- 1/Ivlanufacninng District and only as a Special Use; and as�such is subject to the approval of the Board under Chapter 21 of the Zoning Ordinance. (2) CommitmentsbyClwner. In the:case-ofan'SOBsapphcation which seeks:approvalfor the erectiom of a?new building; the'Board;shall, before approving,such Special Use; require theapplicarii to make written Commitments that: (a)' the building will be designed and',erected' m such manner that it can reasonably accommodate up; to three (3) add tionalSOBs'-within the'same building; (b) the owner of the building Will coiinnefeially reasonable lease terms -to any other'SOB,,owner that seeks to collocate its:business in the building; so as to accomplish,the purpose of mimmizing,the'mumber of such buildings that mube erected in the Carmel/Clay, community, and,will agree tmsubmit:anysdisputes regardingahe'commercial reasonableness of such terms to binding arbitration; (c) the owner•of the liuildingwill nofyheDtor within thirty (30) days after;any oral or written communication .from another SOB owner inquiring about collocation within the building; ;providing, the Director' with the name and addresstof the owner making the inquiry;'and (d), the owner of;the building :will notify the:Director within thirty (30),days after any SOB'located inahe building goes out of;business,or is abandoned, and will agree wremovefrom the buildmgtall supplies:and'equipment that -were used by such SOB,, and, to remove' from. the site all, associated facilities. The Commitment, must require that such removal, be completed within, sixty (60) days of the cessation of SOB operations'at the?srteoand'must:;authorize the Director; in the eyenf.that.supplies, equipment, and, facilities are notremoved within the required sixty-day period, to enter upon the premises and :remove'.the:supplies, equipment, and facilities; :with`the costs of such removal, to be assessed against the owner of the parcel., !- (3) Bnforeemen . A Commitmentmadeunder, Subpamgraph (2) above shall be recorded pursuant. twstate statute(and may "be enforced'by:the Board, by the Director, or by any SOB owner 'that desires to collocate :its business in the building subject to the Commitment.. If, after thirty (30) days .notice'�frorn the Board, a person subject to a binding Commitment s refuses to honor,or abide by such Commitment, the Special Use approval. shall be revoked by the Board. 25A$-.2 Suhmittal Requirements; 0) Plnt Plan; In addition to'the submittal _requirements for any other Special Use, an application for approvalsof any SOB must;include an,Area Plan'that shows novonly the locations of all strucmre-s on the subject parcel; but also the "locations,, ofa,ll stmctures'on adjacent. parcels. (2) Code Cmmplisnce, Theapplication must:, (a) document that the applicant will° operate the SOB '"in compliance with all, • Chapter25: Additional.UseRegulations 25-18, as aritended per Z 30 ,-,Z-'318, Z-320' .' 65-0I;`Z-366-01 'Z-369=01 Summer 2002'•v l . CITY OF CARMEL 8c CLAY TOWNSHIP ZONDJG ORDNANCE an open dump or facility.for storage of contained liquid onsemi-soli&waste�or.gas; including, but not limited fo enviionmentallyharmfulchemicals or radioactive materials`of any type. SCHOOL, PRIVATE. Private,pie-primary, primary, grade, high or preparatory school or academy. SCHOOL, TRADE OR BUSINESS. iSccretarial or business school or college when not,publicly owned or not: owned or conducted by or under the sponsorship of a religious, charitable or non-profit organization; or; a school conductedas -a commercial enterprise[for teaching instrumental music, dancing,barbering or. hair dressing, drafting or -for teachingindustrial or technical arts. SCHOOL OF`,GENERAL EDUCATION. Any public,,parocliialor private,school for any grades between first and twelfth, than is either accredited by the lndiana Department of Public Instruction or recognized byand-_in good standing with the Indiana Department of Public Instruction for purposes of compulsory education requirements. SCREEN, SOLID VISUAL. see BUFFER OR SCREEN, SOLID VISUAL. --.SERVANTS,QUARTERS: Living'quarters within a portion of a main building,.or in an accessory building located on the same: Lot with" the main building; used`for,servants solely employed on the premises with such quarters not being rented or otherwise used as a separate dwelling. SETBACK. The :aeast=measured distance between a structureand the"street right-of-way or proposed right-of-way as, identified' in, the Thoroughfare Plan'(whichever is greater), the Side Lot Line or the Rear, Lot Line. SETBACK LINE, BUILDING. see BUILDINGSETBACKLINE. SEWAGE OR GARBAGE,DISPOSAL PLANT, PUBLIC OR COMMERCIAL. A facility either.publicly or privately owned and operated providing treatment for sewage and/or garbage disposal. SEXUALLY -ORIENTED BUSINESS. An establishment thathas as a substantial portion of its stock -in - trade and,offers,for'sale and/or for viewing, for anytorm of consideration, any one or more of the following: 1. books, magazines, periodicals, or other i printed' matter; or photographs, Films, motion Pictures, video cassettes, slides, or other visual, representations that are characterized .by an emphasis upon, the depiction or description of sexual'activitim or 2. instruments, devices, or paraphernalia thatare.designed for.use in connection with sexual activities. Also, a nightclub;' bar, restaurant, onsimilar.esta6lishmenfthat regularly features live,performances that are, characterized by the exposure .of lessi than,�completely and opaquely covered human . genitals, pubic region, buttocks, anus, female breasts below a point immediately above the top of the areolae„or.fiuinah•male genitals.in aZisceimiblyturgid';state, even if completely and opaquely covered: (ddop4ed per Z-345) 'SIGN. Any,type wfsign as.further,defined and -regulated by the:Sign,Ordinance>for.Carmel'-C1ayTownship, Ordinance Z1-96 Z-302, as amended. SMOKE. Small gas -borne particles=resulting from incomplete combustion consisting predominantly of carbonand other incombustible material, but excluding metallurgical fume and dust,, and present in sufficient quantity to be observable independentlyof the presence of other solids. Chapter 3: Definitions 3-18 as amended per Z-320; Z-339; Z;340, Z-345 Z='365-01; -Z-369-02 SumiueF 2010210 NELSON' &c FRANKENBERGER A'PROFESSIONAL CORPORATION, ,ATTORNEYS-AT•EAW' JAMES'J._NEISON CH RLES D. FRANKENBERGER.•. JAMESE. SHINAVER LAWRENCEJ.'KEMPER JOHN: B. FLATT' Of counsel JANE B:'MERRD:L July 15;:2003 Adrienne Keeling Department.of Community; Services One CivicSquare Carmel, IN' 46032 RE- CircuifSquafq,Inc'. 9613 College Avenue Indianapolis, IN 46280 Dear-Ms.,Keeling: 3021EMT 98th Sin Surm 220 &D,nN us, INDW. 46280 ,C 317.844-U106 FAX: 317-846=8782- I represent Circuit Square, Inc., the tenant of Harrigan Enterprises; Inc., for, the .premises commonlyI tni" n;as 9613 College Avenue. In response to the enclosed'Notice.of Zoning<OrdPnance, please; be advised that Mark Greenspan, the owner of Circuit Square has ;continuously; since 1977, operated an electronic repair.business at this, location. In 1983, Mr, Greenspatrexpanded•thescope of hisausind-ss with the addillon ofa full range,of video rentals. The video rental component represents less than,130% of his.total'business volume, and adult videos comprise less than'150/o of the video _I division (5%,ofhis,total business)., Based on the foregoing; l do not believe Mr. Greenspan is in, violatiibfikof the .Zoning Ordinance because ,'the business does not meet the definition of,a sexually oriented business, and, even,, -if itAid, it -is a legal non conforn ing,use,'both under Indiana law, and the applicablepovisiom' of the -Zoning Ordinance. please feel free to contact me+should you wish,to discuss thi's further. Very trulyyours, 7JN/kat. Enclosure cc: CircuitSquare„Inc.,,c/o Mark Greenspan 96h3 NorthlCollege Avenue Indianapolis, IN 46280 ill:\Kelly\Am N\Ciicuh Squar0kee1ing,ltr 071503.doe NOTICE OF ZONING ,ORIDINANCE VIOLATION DATE AND TIME OF ISSUANCE: July 11, 2003 AT 3:00 P.M. City of Carmel/Clay Township RECORD # CE03040004 Department of:Conlmunity%Services One Civic Square Carmel, Indiana.46032 (317) 571-24'44 Location of Violation: OWNER or TENANT: Mailing;Address: Nature of Violation: Ordinance Section Violated: Date/Time of Violation: 9613 College Avenue, Indianapolis. IN 46280 Since on or before'May 8, 2603 Abatement Period: The above violation musCbe fully corrected and come into compliance with the Ordinance Sections set forth; above within ten (16) calendar days from the date of this notice. Fine for unabated violation:: Up to $100.00 - First Violation* Up to $200.06 - Second` Violation* Up to $300.00.- Third. Violation* Up to $400.00 - Fourth Violation* Up to $500.00 - Siibsequent'Violations* *Each day a; violation rem ains:uncorrected constitutes a separate'' -violation that is subject to a separate fine. Comments: Relevant ordinances enclosed ,DO NOT DISREGARD THIS NOTICE!! Please contact the trispector'ltsted below tmrnediately Inspector.Name. ' .� ..("� 1,i. Phone: (317) 571=2423 CERTIFIED NOTICE -;RETURN RECEIPT REQUESTED (S-.T a PnroicemnWodcu a 1xmw.XCW30400W.dw711 0031 NOTICE .OF ZONING ORDINANCE VIOI:ATION DATE,AND TIIV &OF ISSUANCE: July 11, 2003 AT 3:00 P.M. City'of, Carmel/Clay Township RECORD # CE03040004 'Department of Community Services One Civic Square Carmel, Indiana,46032 (317) 571-2444 Location of Violation: 9613 College Avenue, Indianapolis, IN 46280 OWNER or TENANT: Mailing Address: Nature of Violation: B-3 / Busine ss,-District. Ordinance Section Violated: Date/Time of Violation: Since on or before May''8, 2003 Abatement: Period: The above violation,mustbe fully corrected and come into compliance with the, Ordinance Sections set forth above within ten (0) 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.Oo --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: Relevant ordinances enclosed D:O NOT'DISREGARD THIS NOTICE!! Please`contact'the 'inspector listed'belofo'imunediately Inspector Name: , p �/ Phone (317) 571-2423 CERTIFIED NOTICE - RETURN RECEIPT REQUESTED [sxode EnforcemcntWotices&Leiter%C603N N A4 7/11/031 INSPECTION.HISTORY CITY OF CARMEL, Page CASE. NO 'CE03040.0.04 _ADDRESS 9613 COLLEGE AVE OWNER DATE Ju,l 11, 2003 DESCRIP Sexually oriented business -in shoppng'center, The property is zoned B3,. Sign indicates the busines s is a Television and repair store. Filer states t hat customers are required to sign a form ,stating they are not working undercover or the Police DATE TIME - TYPE INSP COMMENTS == ---- 06/12/03 09 38:04 08 -------- - ------- R ---------------------------------------- 04/30/03 17:09:33 02 I THIS WAS'INSPECTED BY THE CARMEL POLICE DEPARTMENT,. CPD CONFIRMED THE SALE AND RENTAL OF PORNOGRAPHIC• VIDEOS. INSPECTOR WAS REQUIRED TO SHOW ID, SIGN PETITION FORM (MARION CO.)_AND .FORM STATING THEY ARE NOT AFFILIATED WITH'POLICE. MAY NOT BE CITY -CODE VIOLATION,_ BUT DOES MEET ZO DEFINITION OF SEXUALLY ORIENTED BUSINESS., AK WILL START APPROPRIATE ACTION, AK 04/2'9/03 17:09:16 01 NEW COMPLAINT RECORDED BY.akeeling DATE -------TIME ------ NOTES ------------------------------------- OPERATOR 20031-05-09 15:32`:33 AK forwarded the information to Asst akeeling Chief Green of the CPD. Police will do akeeling the initial investigation. akeeling INSPECTION HISTORY CITY OF CARMEL Page CASE.NO : CE03040004 ADDRESS,: 9613 COLLEGE AVE OWNER DATE : May 21, 2003 DESCRIP Sexually oriented'.business in shopping center. The property is zoned B-3. S'ign1.indicates the busines s is a Television and repair store,. Filer states t hat customers are required to sign a form stating they are not working undercover or the Police. DATE TIME TYPE -INSP 06/l2/03 09 38 04 08 R 04/30/03 17:09:33 02 I 0.4/29/03 17:09:16 01 NEW COMMENTS -------------- THIS WAS INSPECTED BY THE CARMEL POLICE DEPARTMENT. CPD CONFIRMED THE SALE AND RENTAL OF PORNOGRAPHIC VIDEOS. INSPECTOR WAS REQUIRED TO SHOW ID, SIGN PETITION FORM (MARION CO.) AND FORM STATING THEY ARE NOT'AFFSLIATED WITH POLICE. MAY NOT BE CITY CODE VIOLATION, BUT DOES MEET ZO DEFINITION OF SEXUALLY ORIENTED BUSINESS.. AK WILL START APPROPRIATE ACTION. AK COMPLAINT RECORDED BY akeeling DATE ------- TIME ------ NOTES ------------------------------------- OPERATOR 20.03-05-09 15:32:33 AK forwarded the information to Asst akeeling Chief Green of the CPD. Police will do akeeling the initial investigation. akeeling Hamilton Co., IN - Online Reports'. Ord Page l of Y, Online Report Information Select;A;DifferentReport; I New Search forCurrent-Report Disclaimer: Theinformation available through this,program is current of January 2003::This information has been derived from public n that are constantly undergoing change and is not warranted for content ;oraccurecy: It`maynot'reflect the current information pertaining'to,this property, ' Parcel, N6:,l 7-11 3-12-63LO4-021.660 PropertyAddress: 9613°College Ave Indianapolis, IN 46280 Deeded Owner: ,Harrigan' Enterprises Inc Owner Address: P 0 Box,90272 Indianapolis.,,I N46290 Last'Changed: 3/17/01 4:41:56 PM Legal Description: COLLEGE. HILLS',10b1- 255A 12/20/91 FROM HARRIGAN,ENTERPR Section/Township/Range: °12/17/03 Subdivision Name: COLLEGE HILLS Block: Plat:,195 Deeded Acres:,0 Political Township: Clay LotNumber(s): Instrument Number: This application is developed and maintained by the Information System5ervides'Department. If you have any questions or comments, please Webmaster:... © 2002 Hamilton Co. Contact-Usj Conditions -of -Use I Site Map I Help HOME_ httpi7/www.co.hamilton. n:us/app/reports/rptparcelinfo.asp:?parcelno=1713120304021000 5/21/2003 ENCOMPASS NOTEPAD - 05/09/03 NOTES FOR: CE03040004 - CM PAGE DATE TIME NOTE TEXT ---------- ----- ----------------------- ----------------- 2003'-05-,09 15:32,:33 AK forwarded the information to Asst 'Chief 'Green of the CPD. Police will "do the initial investigation. TOTAL LINES OF NOTES: 3. OPERATOR akeeling INSPECTION HISTORY CITY OF CARMEL Page CASE NO .CE03040"004. ADDRESS_ 9'613 COIILEGE AVE OWNER: DATE Apr 29, 2003 DESCRIP 'c Sexually oriented business in shopping center. The property is ,zoned B-3'. Sicgn,indicates the busines s.is a Television and repair store. Filer states t hat customers are required 'to'sign a -form,stating they are not working undercover or the o,l,ice. DATE TIME TYPE INSP COMMENTS ---_----------------------------------------------------=----=------- - ---------------------------------------------- 0'4/30/03 17,:09:33 02 I 04/29/03 17•:,09:16 01 NEW COMPLAINT RECORDED BY akeeling