HomeMy WebLinkAboutApplication
Page 1 of2
Donahue-Wold, Alexia K
From: Holmes, Christine B
Sent: Monday, December 3"1, 2007 2:34 PM
To: B'lanchard, Jim E; Boone, Rachel M.; Brennan, Kevin S (kbrennan@carmel.in.gov); Brewer, Scott I;
Conn, Angelina V; DeVore, Laura B; Dolan, Veronica A;' Donahue-Wold, Alexia K; Duncan, Gary R;
Ellison, Christopher M; Foley, Amanda J; Hancock, Ramona B; Hohlt, William G; Hollibaugh, Mike
P; Holmes, Christine B; Keeling, Adrienne M; Lillard, Sarah N; Littlejohn, David W; Mast, Darren
(dmast@carmel.in.gov); Mindham, Daren; Miser, Craig; Stewart, Lisa M; Tingley, Connie S;
Weddington, Trudy A.
Cc: 'furryfamilyvet@aol.com'
Subject: Docket No. Assignment: (UV) Furry Family Veterinary Office (#07120006 UV))
I have updated the file. I have contacted the petitioner and issued the necessary Docket Numbers for (UV) Furry
Family Veterinary Office. It will be the following:
Docket No. 07110013 UV
Total Fee:
$13~9.00 + ($111/acre * 0.46 ac) = $1440.06
$1440.06
Furry Family Veterinary Office
The applicant seeks the following use variance approval:
Docket No. 07110013 UV Appendix A: Use Table
Office uses in residential district
The site is located at 3309 East 146th Street and is zoned R-1/Residential
Filed by Mary Marcotte, owner.
-
Petitioner, please note the following:
1. This item will be on the January 16, 2008 agenda of the Technical Advisory Committee (TAC). The
petitioner must submit plans and review materials to all TAC members directly as soon as possible.
(Failure to submit plans and review materials to TAC members by this time will result in the tabling of this
petition to the February TAC meeting. For a list of current TAC members go to:
httr.:Ulwww.cf.carmel.in.us/services/DOCS/T AC2007/T AC%20members%20revised%2009.07 ,07. pdf )
2. Mailed and Published Public Notice needs to occur no later than Thursday, January 31, 2008.
Published notice is required within the Indianapolis Star. Note:' the placement of a public hearing sign
on the property is also required by theBZA Rules of Procedure, Article VI, Section 6 (see attached
pdf).
3. The Proof of Notice will need to be received by this Department no later than noon, Friday, February 22_
Failure to submit Proof of Notice by this time will result in the tabling of the petition.
4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley
no later than NOON. Friday, February 15, 2008. Failure to submit Informational Packets by this time will
result in the automatic tabling of the petition to the February agenda of the BZA.
5. This Item will appear on the February 25, 2008 agenda of the Board of Zoning Appeals under Public
Hearings.
6. The petitioner will need to provide a fully filled-out Findings-of-Fact sheet 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.
Dr. Marcotte can be reached at 317.770,9200
Department's Review Comments: petitionerd~lease complete the following:
2/2012008
Page 2 of2
1.) Make sure the public notice meeting time to the newspaper and neighbors reads 6 p.m. It is suggested to send
the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317-444-7163 or
email: pub!icnotices@indystar.com ).
2.) Please make checks payable to the City of Carmel.
3.) Please provide the following details about the proposed use: parking breakdown, number of ertiployees,hours
of operation , proposed floor plan/layout, number of clients per day, etc. The more detail, the better.
4.) Please provide filled out and notarized placement of public notice sign affid;3vit.
5.) Please submit the original copy of the application, with original signatures.
Thank you.
Christine Barton-Holmes
Planning Adrn.inistrator
Department of Community Services
City of Carmel
One Civic Square
Carmel. Indiana 46032
317.571.2424
317.571.2426 fax
~ U\T~ OJY\'\ Y \!~.I,@
\~~r\0~ ,\ < CCC6J
2/20/2008
j- "\
.W
u
CITY OF CARMEL/CLAY TOWNSHIP
HAMILTON COUNTY,INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
IiJ;
RECt.\\JED
(.\.1
\"\~('. 20.'..),
2)
FEE: $1,389.00, plus $111.00 per acre
DOCKET NO. n 1lt Bri9fo tw'
Applicant: j.,{n.r~ NQ, \" (' ,ntte
Address: ~91cA F jgJD ~ ~\- Cn(\'(\f>\
Project Name:Ve-\ceDf\Clf'''1 C).Q.t\('e
Engineer/Architect:
DATE RECEIVED:
1 )
UQCS
\ \oJ
phone:.l.3.rj) 710 -q2.00
/'
/
Phone:
Attorney:
Owner of the property involved:
~
3)
Applicant's Status: (Check the appropriate respo~
v
,
(a) The applicant's name is on the deed tl
(b) The applicant is the contract purchas~
Dr. Mary Marcotte
fUrl)' family Veterinary Clinic
(c) Other:
208 1 1 HAGUE ROAD
NOBLESVILLE. IN 46062
PHQNE(317)770-9200
www.furryfamilyveLcom
4)
I
If Item 3) (c) is checked, please complete the folic
Owner's address:
Phone:
5) Record of Ownership:
Deed Book No./lnstrument No. 2m') ~
Page: ~D~ \ Purchase date: (0 / So I O~
6) Common address of the property involved: 3;30Q e 1-4ts. 't- ~ C.l\rr'f'-..tl 1f.J "'-fbOg,'3>
Legald~scription: Lo~ IQ. in TCi:Vbf' 'corp.) a :=-,u~~'II\ r:R: Hrun\\-\or\ (0)'r.~,~~,,)QS
pc, \..\c...f ~~\ \\::.c.of'ci~ ," ~ O~-\;.~ al<- <..ordu- ?'a,,\.. ~b\1'\ ~t .$ .,:l):. ~.. \31
Tax Map Parcel No.: ,1? - to - ..20 - 00 - 0.3 -01 Q. ()TYD .....
7} State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning Ordinance that applies and/or creates the need for this appeal).
/.JtP. l1Ffl-/i~I1^* ~ rr(,\~Q t i.'t \0 Cr:-('\-\:"f\lJe .-th.o.. c~~ftJve6 ~e oR ~s
~~ (6 Q.. ~Q f'\CC~.-\;(")("\ t....;\~. OM\~6f\.C',{ lJ~ a~ 'DUj\~3
~Q. (c..dd\~Of\nl ~9'O) a~ ~ c1l~C'\.a~\ .se.~d ~ \ f\.h\- (\,
~e'i.('- ~\\~ f""~ \ ~c..e .
Page 1 of 8- Z:\shared\fonns\BZA applicatians\Hse Variance Application rev, 12129/2006
w
u
8)
State reasons supporting the Use Variqnce: (Additionally, complete the attached question sheet entitled
.;:o~::~:ev:::: ~~~~~ ~~~~~~
-\ t)\ ~) ~. C\. '" ().. ~ \ ("\~ e ~ C"D. r--a:-\ \ ~ hN'..Q.....
9)
10)
11 )
12)
Present zoning of the property (give exact classification): \{ \
Present use of the property: ~;\\..~I? ~~\\"f 1.\..}~.\h b~ - <JQ.C~~~~(\
Size of loVparcel in question: O,.q(Q_acres
Describe the proposed use of the property: DSe.. l '- )-\~ ~. ~\'t~C\se~
13)
Is the property:
Owner occupied
Renter occupied
Other
14) Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property
that would relate or affect its use forthe specific purpose of this application? If yes, give date and docket number,
decision rendered and pertinent explanation.
y~s\ See, Q.r...\\~ c..OV~~~
15) Has work for which this application is being filed already started? If answer is yes, give details: /Va
Building Permit Number:
Builder:
16) '. '. ,If proposed appeal is granted, when will the work commence?
~~~:~ e..Ae\y
17) If the proposed appeal is granted, who will operate and/or use the proposed improvement for which this application
has been filed?
,.~ 'dvt...){'\@..r ~ "'~ ~ \CrJJ\.~
NOTE:
LEGAL NOTICE shall be published in the Indianaoolis Star a MANDATORY twenty-five (25) days prior to the public
hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of the
hearing. ", <'
LEGAL NOTICE to all adjoining and abutting property owners is also MANDA TORY, two methods of notice are
Page 2 of 8 - Z:\sharedlformslSZA applications\ Use Variance Application rev, 1212912006
o
u
q; it
CARMEL/eLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
FINDINGS OF FACT -USE VARIANCE
1. The grant of this variance will not be contrary to the public interest, due to the
existence of special condition(s) such that enforcement of the zoning ordinance will
result in unnecessary hardship because: the drastic changes along the 146th St corridor
have caused the value of the home to depreciate by an estimated $45,000 sinl:)e 2003. The
property was purchased in June 2003 for $149,900. Since then, the current owners (Eric
and Mary Marcotte) have invested $15,000 in updates and repairs. Based upon current
market value, the resale value as a residence is approximated at a mere $120,000 (per
conversations with Craig Kaiser of Kaiser Realty.) The reason for this depreciation is the
undesirability of living in a home with commercial entities in close proximately (the
property immediately east is owned by Carmel Hope Fellowship and the property to the
north is being developed by Bridgewater) in addition to the dramatic increase in traffic
flow along this road.
If the current building were to be tom down (costing the current owner $20,000) for the
purpose of selling the lot alone for a single residence, the property value would only
approximate $50,000. (Net loss to owner $135,000) The reason for this is because the
Hamilton County Highway Department will take 552 square feet (85feet from the center
line is required per Dave Lucas from Hamilton County Highway Department. The
measurement from the centerline to the south edge of sidewalk"" 40 feet. This means that
45 feet of the current property will be taken as right-of-way {45x138= 552 square feet}
without compensation to current owner if the house is tom down. If a builder were to
purchase this lot, they would be unable to meet the standards of Cannel (set-back
requirements), covenants and restrictions of Taylor Trace (size of home), and keep within
the requirements of Hamilton County Highway Department, thus making use of the land
virtually impossible.
In summary, the current zoning of this property (Rl) is no longer appropriate due to the
changes of the property's surrolUldings. This will inevitably cause an unnecessary
hardship on the property's current owners.
2. The grant of this variance will not be injurious to the public health, safety, morals
and general welfare of the Community because: a doctor's office is a very positive
contribution to any community. As a veterinary office, the property will be used to
provide a service to keep animals within the community healthy, and therefore decrease
the potential for animal-human disease' transmission. In 2007 alone, the applicant has
been a professional witness and provided necessary evidence for the prosecution in 4
animal abuse/cruelty cases. These efforts have improved the safety, public health, moral
and general welfare ofthe entire community of Hamilton County.
3. The use or value of the area adjacent to tbe subject property ,will not be
substantially affected in any adverse manner because: the property will remain
residential in character and the proposed structural and cosmetic improvements will add
to the aesthetic appeal of the Taylor Trace Subdivision. The exterior changes are a
..i-.'
(f'
u W
positive addition to the subdivision (see photo). The applicant's professional corporation
can invest a substantial amount offmances into the overall improvement of the property's
appearance whereas the current owners, as a single family, can only provide the
necessary property upkeep. The improvements of the property include, but are not limited
to: new roofing, superior grounds keeping and maintenance, the addition of trees, shrubs
and paving (as illustrated in Photo). The subdivision will benefit from the markedly
improved exterior appearance of this property. The adjacent property owners will not be
adversely affected because the operation of the applicant's business is comparable with
regards to degree of traffic, noise, and daily exchanges than a single family residence.
(See detailed business operation)
4. The need for the variance arises from a natural condition peculiar to the subject
property because: The property was zoned as R1 when 146th street was a two lane
minimally trafficked street. Today this corridor is 4 lanes wide and the home sits at the
comer ofa major intersection directly across from what will be a gasoline station. The
current location of the house is impractical for residential use due to the proximity to this
major thoroughfare (the front of the house is 19 feet from l46th St - see Photo 1 taken
from front door.) Although it is true that there are multiple subdivisions closely abutting
the street, it must be noted that these subdivisions were built PRIOR to the roads'
expansion, resulting in the purchase of the right-of-way up to the enclosing privacy
fences of these subdivisions by the Hamilton County Highway Dcpt (per conversation
with Dave Lucas on December 13, 2007) The property in question was not included in a
similar purchase.. The right-of-way abuts the last step of the front door (See figure 1)
which prohibits the building of a privacy fence and/or landscaping in the front yard. Such
changes could buffer the road noise, create privacy, and provide safety for children and
pets. Without these important features, the borne is not only unappealing for housing, but
also quite dangerous for a single family with children. It is impossible to create a barrier
to protect a child from running out into the street. (The current speed limit is 45mph. In
April of2005, the owner's dog was killed instantly after running into the road despite
precautions of reasonable restraint.)
5. The granting of this variance does not substantially interfere with the
Carmel/Clay Comprehensive Plan because:
I. The property is in close proximity to a zoned regional employment area. It
is stated in the Comprehensive Plan 1.1.2, "Transitions in scale and
density should occur between residential communities and
community/regional employment areas to facilitate maintenance of
neighborhood stability. In areas where zoning changes are requested, such
transition shall be encouraged and considered as part of the approval
process. "
II. The property will remain residential in character. It is stated in the
Comprehensive Plan 1.1.1. "Commercial development within residential
communities generally should occur only when the intensity and scale is
compatible with the surrounding residential uses." As stated previously,
the applicant's business is no different in traffic, noise, or daily exchanges
as a single family residence. (See detailed business operation)
III. Under the neighborhood-serving community policies, it is stated,
"Neighborhood serving office and retail should be located in residential
u
u
community areas. These uses should be of intensity and scale compatible
with the surrounding residential uses."
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use
Variance Docket No.
is granted, subject to any conditions stated in the minutes of
this Board, which are
incorporated herein by reference and made a part hereof.
Adopted this
day of
,20
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Cannel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
Page 8 of 8 - Z:\shared\forms\BZA applications\ Use Variance Application rev.
12/29/2006
LJ46th Street u
6' Asphalt Path
/
l
ont:'o
@;I~
~
:>
o
'-
~
1
"GRASS
o
House
/
Y
"~
EJ
Cone.
Grovel
One Story Woo
F1"Om~ GQl(""99
......,
/
/( ')
/~
/
/..'.
, :"~~\iii
I
~-\'1
a..~
0, 'S
v
u
. . ..;.:~ ;;.'~~~-'A '.~.~~<:.~~~~.J~"~~"'~ .~~"~~~~.;~~.'
~1~-:; ~'_-4l'1-'-"~-;~R' -." o;t": .. ..:.~~~
'0- ~"'~-.rl~~~. ~~. if~...>~_.~..<:;~.g":bi"~-Z'1!i. !II. -...~ .~
~ l"::l~~":"15I.; ..~; ,,- ....",..... !g: ~,., ~ ':;;;V-' ...
:... r,,: ..:: -.. ' ~_.,. ~ .....~~. _ ~ ~~. _:"o~K;J.... ~~~-...~; .i'" .
- ... - ;; ~ ~ .. J ....... -.;; . "~'5~~ -~;~ ~ ~ ~ ~ .~ '~. -.....~~.'.. .~;~~~: ..:'.t, "
-::.~,... ? ~ .. ->>-.. ":'~~ ~~~d-_. . .~,:..~.~ '"-... _ =3'1",';'~=~ ~...~ .~ :;~~
.~.;;:, ~ -. ~. ........ -~ -"- ~_:~- ~ :..;: ~. r-:"" -- _.- .~'.-- ~ -=-~1
~i/-~~- ~ - ~-;~~~ ~ ~~~. '.;-~;l?;;~~t -"~~~:~:"'-~~~~~'.:~,~!i~~~t~~~
\. ~t~~{~;~~,'.' ~ ~~ _~~, c_. _."'; ;.. . .::..~ ~~7;.' ..-~. """ "'-~ '-'.. .:;;"'~ ~~ ....: ~-:: ':''''."e '~ ~~
~- ..;;...... ----,.-, ---.""---- :IooI'4I:"~;_ "!'" ~ -""-.-.:..., ~-"'-"'.,::I ~ ~=.. ia c; -~~
4 ~# ~~f~.;oo::-... _ ~~"::b ,-'~- r.....:.. - '- -~~ _~ ~ - ' ~--
:.~~_~~~.,. -', ~ ~ ~ ~~::"'_. _ ~..~ ~_ ~ ~~ ,,!:,,~..~e:;-- .' '~,"-e-L-~ ~.w;
~ 5i~.s;.-:..i;.... _ ._ 'I1l ,,~~~z-.-~ 0.,' ,'~~~ ~"~ -~ ~'l~ -_ ~~'!!' ~...- -~-_''.;'-r...-~ '~.J_l!~- \,~
,.,~~~"",.,...;......- :': -' -~- '. .'" I:';O!"'" ':":1 ~.-<i'_"" ~--':.JP~ - -- -,.",p..ii-"-~--e:::-I
.,..~_ ~~~~~~_~.~.~_; ~ - __ ~~ --: ~'_ '- -_"" .. ,0 >~" ~_:-~ :...~ ...., - ~ ~~
t!.2~~/,-'" .;.'~".~.- . ," _..,-: t? ~~-'- ~~.. _ ~ _ .- ...~'.~ ~Ia:.~~ ~~ ::;';"~-'1J ,::.;.~~~ o. Iiiii__ ...~ ~ .. ' .~... -.; --
;::jO.~.-.':":3'.i.::':.' .?~ -g;;""'_''-'''''--''~''';~'~.'-*.'''';' e. "'~''cl: _'''''~''''<- '.....~.. 'E..
~ :.-...~,:::,,"=_;':';,:-;.=.;..:~:_,_~..._-.~~_-'~~~€:Y~_,. 4~ .":,;';' :~,.-- -'-::,
~ =~W"""-~'7:;"';'::"'~'-'~l,'~'- .~.~~.~~:::....~..... ~:sr:;, C;..="~.' ~'.
;',"_~." q,..:--~ -::: -...,- ... \t~. -..r-'1.'\'3.,.v.Z,,~.... 'l.:l--~\;~ ~."" --...." ;:-":~:J -- .
..~ .. ~~ --'::\ " -~1-~"":' .....- .- ...._~... " ..... ...... .
~:wl~~~~,., .,' '~ ~~T~~~~~~~",..." .. "~ ~_~. . . _
~~...: ~"'" .!:,.;,~~,~ .5.:.... ::.",.-7 -' ,:~-::..~;5Jf"'~
- -....
. .. -......
l; ~ -":.: ~OI!I
Vle\..\) -bJceJ\. ~C00'\
~
~('
/lock I ~r e>et€.f'i.o\ ;f\'"\r\J~+s..
u
u
Ar-\\~ \',c ~\-\\or-.. <:>\- ec~CX'
W
Business Operation
u
The applicant's proposal is to continue the approved use of this property as a "home
occupation," with additional use of business space (additional 12%) as the owner's
second home and not as their primary residence. The following information is based upon
the applicant's current business located in Noblesville. These are the current office hours
and daily schedules. Furry Family Veterinary Clinic has been in business for 3 years.
Hours:
Monday
Tuesdays
Wednesday
Thursday
Friday
Saturday
Sunday
8am to Spm
8am to 6pm
CLOSED
8am to 6pm
8am to 12pm
CLOSED (by appointment only from 9am to 11am)
CLOSED
Total employees = 2 (not including applicant as veterinarian)
Mondays
Time
Allotted For:
Maximum number
8:00 am to 9am Surgery/Procedure drop off No more than 3
9:00 am to lOam Appointments No more than 2
lOam to 3pm Surgery and Lunch Only those dropped off
3pm to Spm Appointments and pick ups No more than 4
Maximum trips 9
Tuesdays
8:00 am to 9am Surgery/Procedure drop off No more than 3
9:00 am to lOam Appointments No more than 2
lOam to 3pm Surgery and Lunch Only those dropped off
3pm to 6pm Appointments and pick ups No more than 4
Maximum trips 11
Thursdays
8:00 am to 9am Surgery/Procedure drop off No more than 3
9:00 am to lOam Appointments No more than 2
lOam to 3pm Surgery and Lunch Only those dropped off
3pm to 6pm Appointments and pick ups No more than 4
Maximum trips 11
u
v
.'
Fridays
8 :00 am to 9am Office work No appts or drop offs
9:00 am to 12pm Appointments No more than 6
Maximum trips 6
Saturdays
Appointments only with a maximum of 4
Services Offered
Kennel NO
Groomio2 NO
Pharmaceutical Sales NO
Retail NO
Exams and Medical Procedures YES
Waste removal
. All biohazard/medical waste is picked up by a service (4 times per year)
. All non-biohazard waste is picked up once a week using the 2 receptacles from
Republic Waste Services
Deliveries
o UPS deliveries only - average is once per week
Overnight care
. Animals kept overnight are limited to: cats with declaw procedure and animals in
need of IV fluids. (Note that these animals are very ill and therefore will not be a
nuisance or source of noise).
o Average animals kept due to medical necessity = 1 per month
. Average cats kept for post-op dec1aw care = 4 per month
Procedures requiring drop-off
o Scheduling allows for a maximum of 3 on Monday, Tuesday, and Thursday
fill Pick ups from procedures are allotted an appointment time slot between 3 and
6pm (or Spm on Monday)
. The average amount of drop off per WEEK is 2.5
Parking
. Applicant will park car in garage space
. Employees will park on concrete pad outside of garage
· Graveled parking area for clients only .
u
u
Laboratory Pick Ups
. Pick up for necessary lab work is after hours (7pm) on Mondays, Tuesdays,
Thursdays, and Fridays.
Exterior Cbanges
. Stone pathway to front door
. Level driveway and fe-gravel for parking space
. Re-Roofing
. Decorative Trim around windows
. Landscaping as specified by zoning board
Signage
. Applicant only requests a decorative mailbox (see attached illustration)
t1-op 0 sed :S"l ~~e CDe.c.n\ o....\; v-c Mo;.. \ \Ja><. 0[\ \ "t ')
u46th Street u
,
GAS S
- ,b~e I ~ -
~Q .~~~l.:.,
.,t ~"
:>:J
...:- ..-...
6' Asphalt Path
10
/
.Y
l conc.I~~~
~or ' .
Grovel
One Story Woo
F'rome Garoge