City of Bloomington
Planning and Transportation Department
June 5, 2018
Kelly Caitilin
3161 S. Highpoint Ln.
Bloomington, IN 47401
Tenant
1004 W. 1st St.
Bloomington, IN 47401
Cheyenne Riker
409 W. Patterson Drive Suite 205
Bloomington, IN 47403
Re: Notice of Violation
Illegal Land Use at 1004 W. 1st St.
Dear Sir or Madam:
This Notice of Violation (NOV) serves as a formal warning of non-compliance with Unified
Development Ordinance (UDO) Section 20.09.150 [Conditional Use] at 1004 W. 1st St. Records
show that you are the owner (or tenant) of this property.
On April 11, 2018, the Planning and Transportation Department received a building permit
application packet for 909 W. 1st Street, listing the use as ‘residential/treatment center’. The
property at 1004 W. 1st Street was listed as ‘Property Owner’s Address’ on the application. Upon
further investigation it was determined that the use ‘rehabilitation clinic’ is in use at both 1004 &
909 W. 1st St. These properties are located in a Medical (MD) zoning district. Rehabilitation clinic
is a conditional use in this zoning district which requires a Conditional Use approval from the
Board of Zoning Appeals. According to UDO Section 20.09.150 [Conditional Use];
(b) Prerequisites:
(1) No use classified as conditional may be conducted without first obtaining a
Conditional Use approval under Chapter 20.09: Processes, Permits and Fees. No
Conditional Use shall be conducted except in compliance with all applicable
provisions of this Unified Development Ordinance and with any conditions upon
such Conditional Use approval.
Through counsel, you were notified to file for the Conditional Use approval on or before May 24,
2018 in order to appear at the June 21, 2018 Board of Zoning Appeals hearing. Per a phone call
with counsel from Clendening Johnson and Bohrer on May 24, 2018, you will not be filing the
Conditional Use request.
In accordance with UDO Section 20.10, a violation of this nature may result in a two thousand five
hundred dollar ($2,500) fine. Each day a violation is allowed to continue is considered a distinct
and separate violation. Each location is considered a distinct and separate violation. Subsequent
401 N. Morton Street ▪ Bloomington, IN 47404 _ _City Hall Phone: (812) 349-3423 ▪ Fax: (812) 349-3520
www.bloomington.in.gov
e-mail: [email protected]
June 6, 2018June 5, 2018
violations are twice the previous fine, up to a maximum daily fine of seven thousand five hundred
dollars ($7,500).
You have the following options to remedy the situation and avoid further enforcement:
1. Cease use of the rehabilitation clinics at 1004 & 909 W. 1st St. by 6/19/18, OR;
2. A property owner or lessee of property within the City or its zoning jurisdiction
may file for a Conditional Use approval through the Board of Zoning Appeals in
accordance with the UDO Sections 20.09.030 [Applications; General] and
Section 20.09.150 [Conditional Use]. The next available Board of Zoning
Appeals hearing date is 7/19/18. The filing date for this meeting is 6/21/18. In
order for your case to be considered at this meeting, a Pre-Application Meeting
must be scheduled with a planner by 6/14/18.
If you dispute the City’s assertion that these properties are operating as rehabilitation clinics
without Conditional Use approval, you may file an appeal with the City’s Board of Zoning
Appeals. Said appeal shall be filed with the Planning and Transportation Department within five
(5) days of your receipt of this Notice of Violation and shall conform to the requirements of UDO
Section 20.09.350.
If a fine is issued, the final fine amount shall be paid to the City of Bloomington Planning and
Transportation Department and directed to the following address: City of Bloomington, Planning
and Transportation Department, 401 North Morton Street, P.O. Box 100, Bloomington, Indiana
47402. All fines may be contested in the Monroe County Circuit Courts. Failure to resolve this
violation or to pay the final fine amount may result in further legal action.
Please contact the Planning and Transportation Department at [email protected] or
812-349-3423 with any questions or concerns.
Sincerely,
Carl Buddin
Zoning Compliance Planner
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