HomeMy WebLinkAboutDept Report CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
From June 23, 2003 (revised)
21h. Taylor Trace, Lot 12 Wade Veterinarian: Furry Family (UV -61-
03)
Petitioner seeks the following Use Variance:
UV -61 -03 03050022 §25.18.2 veterinary clinic
The site is located at 3309 E. 146 Street. The site is zoned R- 1/Residential. Filed by Dr. Mary
Wade.
*7777,4,4,4' General Information:
Dr. Mary Wade would like to
A live at and operate a small
animal veterinary clinic, by
appointment only, from a
r �0 single- family residence. The
home is located near the
intersection of 146 Street and
E t Carey Road. As stated, the
$1 doctor will only treat household
Y i a pets, not large farm animals.
¢N r� The site and surrounding area is
d' i zoned R- 1/Residential. The
gc--.-- Q x surrounding area is mostly
�Vt single family homes and
1 f undeveloped ground zoned for
,i residential uses. The request is
not for approval of home occupation, but we have provided those standards below.
Background Information:
Home Occupation Sec.25.18 in Zoning Ordinance:
25.18 Home Occupation.
25.18.1 Standards Generally.
A. Floor Area: Home Occupations shall utilize no more than fifteen percent (15 of the
gross floor area of the dwelling.
B. Character:
1. The Home Occupation shall not change the character of the Dwelling, Lot or
parcel;
2. The Dwelling shall not bear any indication from the exterior that it is being
utilized in whole or in part for any purpose other than a Dwelling;
3. The Home Occupation shall not be permitted outside storage or display of
materials in connection with the Home Occupation;
4. The Home Occupation shall not be permitted signs other than those normally
permitted in the district in which the Home Occupation is located.
C. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such
that there is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance.
D. Employees: The Home Occupation shall employ no more than one (1) individual
outside of the immediate family.
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 17
E. Deliveries. The delivery of any materials for the Home Occupation will not exceed two
(2) trips per day by any vehicle not owned by a family member.
F. Equipment. The Home Occupation shall utilize only mechanical equipment that is
customarily used for domestic purposes and is of a size and type that is similar to domestic
mechanical equipment or is customarily found in a business office.
25.18.2 Excluded Uses:
A. antique or gift shop;
B. serving of food or beverages;
C. animal hospital or commercial kennel;
D. automobile repair;
E. major appliance repair or services; and
F. any processing or manufacturing that produces noxious materials or products.
Sec. 25.18 adopted per Ordinance No. Z- 369 -02; §ba.
(Section 25.7: Sign Ordinance) 25.7.02 -3 Home Occupation and Boarding House (Residential Zone)
a) SIGN CLASSIFICATION: Wall sign.
b) NUMBER TYPE: One (1) nameplate.
c) MAXIMUM SIGN AREA: Three (3) square feet
d) MAXIMUM HEIGHT OF GROUND SIGN: Not applicable.
e) LOCATION: As per definition of wall sign.
f) DESIGN: Must be compatible with the architectural design of the structure to which the sign is
attached.
g) COPY: As per definition of nameplate.
h) ILLUMINATION: Not permitted.
i) LANDSCAPING: Not required.
j) REQUIRED APPROVALS: All permanent signs requiring a permit that are established in the
R -5 zone or the U.S. 31 Overlay Zone require Commission approval.
k) SIGN PERMIT: Required.
1) FEES: Required.
(Excerpt from June 23, BZA meeting minutes)
21h. Taylor Trace, Lot 12 Wade Veterinarian: Furry Family (UV- 61 -03)
Pictures of the property were shown. She chose this property because it is a house in a quiet
residential neighborhood to give her clients an at -home feeling and give personal attention to her
clients and their pets. She stated the house is zoned R and sets in a portion of the right -of -way
of 146 Street. She feels it is not a good location for a family home. The Comprehensive Plan
encourages transition from residential to commercial. There are two landscape businesses in the
area along 146 Street. She will be living there and will not allow dogs to bark. The only time
dogs will be staying overnight is if she feels they are not medically fit to be transported.
Rebecca St. Andre, 1838 E. 64 Street South Drive, Indianapolis. She is an associate of Dr.
Wade. She addressed the TAC issues. There will be no need to change the electrical power in the
house to accommodate a small vet practice. The backflow device was taken care of when the
house was changed over to City water and sewer. They had worked with the Urban Forester for
the landscaping plan. The Board of Health gave a green light as long as it was hooked up to City
sewers. They were not sure what needed to be curbed and paved. The current site is graveled and
graded and would meet any parking needs they would have at this point. They would be more
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 18
than willing to add curbs, but feel it would change the feel of the home. Samples of signs were
shown. They were not sure where they were allowed to place a sign. They have planned to place
it in the west side yard. The clinic will be Dr. Wade's residence and they would like to leave it as
home -like as possible. She read a letter from Marvin Taylor in support of the vet clinic.
Opposition:
Donald M. Dunkerly, 891 Copperwood Drive, Carmel, representing numerous Copperwood
residents. He felt there was no need to disrupt the neighborhood with a pet clinic of any kind.
Property values will be affected. Marvin Taylor is not going to live there, he is selling that
property. He has been a real estate broker in Carmel for over 25 years. People do not want to live
close to an animal or pet clinic of any kind. He asked for a negative vote.
Beth Renselle, 14474 Allison Drive in Foster Estates. There is a lovely boulevard on 146 Street
and any commercial entity will cause a lot of traffic and traffic to slow down at 146 Street. She
was concerned about sick animals escaping because there are lots of children and adults out in the
area. She was concerned about the noise factor and biological waste. She believes it will devalue
the property and feels this clinic should be in a commercial area or on more acres. She asked for a
negative vote.
Tony Trent, 14445 Carey Road. He agreed with the previous homeowners. He was concerned
with incoming and outgoing traffic from her practice. The two landscaping businesses were there
before 146 Street was widened and there was not a need for more commercial property in the
area. He would like the Board to consider the Noise Ordinance. Would sick animals spread
infections to homeowners?
Bob Beebe lives the first house to the east of this property. He was concerned about the noise. He
felt it would diminish the property value. One more commercial operation just makes it easier for
the next one. He asked for a negative vote.
Al Koeski, President of the Foster Estates Homeowners Association, 14208 Joshua Drive. They
asked for a negative vote. They are bordered by 146 Street and Carey Road. They already feel
the pressure of the Lowe's to the west and expect that commercial development is planned to go
east. They do not want it to go any further than it is.
Neal Randall, 1539 Copperwood Place, within a mile of this residence. He was concerned about
the commercial development along 146 Street. Turning this down would set an example for
Westfield on the north side of 146 Street that we do not want commercial along 146 Street.
Rebuttal:
Ms. St. Andre appreciated the concerns expressed. Dr. Wade will be the only doctor in this
practice. She will only be able to see one animal at a time; therefore, it will be a by- appointment
clinic. There will be one owner /car with their animal, making very minimal traffic changes. She
will probably have more people over to her home for enjoyment than she will for business
purposes. There will not be a large congregation of dogs, one animal in/one animal out in twenty
minute intervals. No animals will be kept overnight unless an emergency clinic could not care for
them. No animals will be able to escape into the neighborhood.
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 19
Dr. Wade had not idea that so many people would have these concerns. Her goal is to be a service
to the community, not to hinder it. Right now all she can afford is a clinic within her home. The
animals will not have viruses that people can get. She will be educating people on parasites, etc.
Ms. St. Andre reminded everyone that Dr. Wade will be living in the home and will also be
concerned about property values.
Mr. Dobosiewicz gave the Depai tinent Report. The Home Occupation standards within the
ordinance explicitly exclude an animal hospital as a use that would qualify as a home occupation.
In addition, there shall be no signs other than those permitted within the district. These were
provided to the petitioner. As the Board may recall, the adjacent subdivision, which this house is
part of, was approved late last year and construction is nearly complete. The County Highway
Department allowed the driveway cut to remain open to 146 Street. There could be 50 trips a
day as compared to the normal 10 trips of a residence. The Department has not received an
official letter from the Highway Department regarding this traffic. Perhaps some parameters that
have not been discussed as part of this petition should be, such as hours of operation and
regulating the square footage of the operation. The commitment could be made for only one
doctor or otherwise these things tend to grow. The more definitive we can be in our approval, if
one is had, we can narrow the discussion and qualify every type or characteristic perceived as a
distraction or diminishment of property value. The Department recommendation is for negative
consideration. If the Board is inclined to deny the request, he suggested that the Board's attorney
draft the Findings -of -Fact that would be signed at the next meeting.
The Public Hearing was closed.
Mrs. Rice asked if this was a corner lot.
Dr. Wade stated the homeowner on Carey Road owns the land on the corner.
Mrs. Rice asked if the Use Variance is for the Home Occupation?
Mr. Dobosiewicz provided a copy of the Home Occupation for the Board's use in consideration
of this variance. The Use Variance is to ask for a vet clinic as a stand -alone use for the property.
Mr. Molitor stated this is a request for a Land Use, which is not permitted in this zoning district,
but it is also a request for a Home Occupation. Mr. Dobosiewicz was attempting to analyze the
issues that might come into play if the Board allowed this use in a residential district.
Mr. Dierckman asked if a kennel permit would be required?
Mr. Dobosiewicz replied a kennel license would be needed from the Township in addition to
zoning approval because of the number of animals on the property.
Mr. Molitor clarified that the request is not for a commercial kennel because no animals will be
kept on the site other than the owner's pet.
Dr. Wade has already bought the property.
Mrs. Rice suggested she become a vet that goes to homes instead of having a clinic.
Mr. Dierckman asked how the clinic would be in the home?
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 20
Dr. Wade stated that a back room had been built on as a family room and would be perfect for the
waiting area and a little examination area.
TAPE RECORDING OF MEETING STOPS HERE.
Mrs. Rice moved to table UV- 61 -03, Taylor Trace, Lot 12 Wade Veterinarian: Furry Family.
The motion was seconded by Mr. Dierckman and APPROVED 3 -0.
(Excerpt from May 21, 2003 TAC Meeting Minutes):
My name is Dr. Mary Wade and this Rebecca St. Andre. What I am looking to do is open a
Veterinary Clinic on 146 street. It is zoned residential and I have filed a Use Variance to
approve the clinic there. I would like to live there and have the clinic in the downstairs portion of
the house.
GROVES: My only comment is that we have no power for your needs.
...BLANCHARD: If the variances are approved according to the 97 Uniform Building
Code: "accessibility requirements" will be required like stairway width, handicap
ramps and a restroom. That can be done here locally.
HILL: I apologize for late comments. This site is annexed into the city? Or soon will be. Your
entrance on 146th street will be Hamilton County Highway department. Water, storm and
sewer, City of Carmel. I do not know if you have any Board of Works approvals I think
they ran stubs to access this lot is this lot currently connected to sewer and water?
WADE: No, but in our purchase agreement we will be hooked up to City services.
BLANCHARD: Excuse me, but if that is going to happen you will need to get a
backflow device on that water line.
WADE: Okay.
HILL: You will need to pay connection fees. I do not see any other bonding
requirements. J. Dobosiewicz you will need to advise on this, the conversion of
this site. Normally it needs to be paved and curbed.
DOBOSIEWICZ: This is more closely in line to the home occupation than it would the
conversion to business use at that location and with the BZA regarding this item that is the
way we need to approach it. We need a really defined set of standards that is going to make
sure that it is maintained. I do not think we want to go through the process of paving and
curbing and creating a parking lot and opening up the commercial character of this. There
are two parcels next to this along Carey and all I need is someone coming in and arguing
they cannot build a house there because there is a business next door. I am really hesitant to
support the UV for the Veterinary Clinic. But I think we can take the home use part of the
ordinance to make some commitments on a limited nature. For example, no more than one
outside employee just to define that use. The other thing, the median cut that is currently
there is proposed to be closed that will go away. Not that it is a matter of disclosure but the
construction of this subdivision is eliminating that curb cut. Right in and right out only into
your driveway. They may or may not be a big concern to you.
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 21
St. ANDRE: We are looking to keep the clinic very small with only one Doctor being Mary
and keep the home livable with minimal changes to the exterior.
DOBOSIEWICZ: I would use that section of the home occupation ordinance and the more
you can offer the BZA that closely aligns with those standards of home occupation
the better.
BREWER: The only question of the landscape plan is there are several circles for shade
trees they are not specifically marked. The only one listed is Maple. If you can please
mark each individual plant so there is no question. On the planting detail there are two
things I would like to see added. Where is says, "Place soil ball slightly higher than
grade" it should say root flare not soil ball. And there should be a note that says to
remove any stakes and wires after one year...
...DOBOSIEWICZ: We are continuing to look as this but you can as I suggested take that
section of home occupation ordinance and create a set of commitments that would be
delivered to the commission to go along with your application. The better you can define
and reduce the potential for side effects the more successful.
NEAL: Steve Broermann will get a comment letter to you. The only thing we see happening is
the driveway on 146 Street Jon Dobosiewicz said there is a median that will be changed.
I am sure that it will be changed. But because of the change of use you may be made to
get a new driveway permit which will change the classification from a residential to a
commercial driveway. You would not have to do anything to it. It is just making sure
everything is in order.
DOBOSIEWICZ: So the approach is in there with the project.
NEAL: It is based on use and if you are not a large animal vet than you should
only have passenger vehicles coming in and out.
Wade: That is correct....
Analysis:
Considering that the house is so close to the road right -of -way, it makes sense to put a
use other than a single family residence there. On the other hand, if this site becomes a
home occupation, the corner lot to the west might become commercial in use, with a type
of domino effect occurring. As long as the clinic appears residential from the exterior, the
residential character of the area is maintained and we do not introduce a "commercial
feel" to the area.
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: There are no special
conditions on this lot. The public interest is to maintain East 146 Street, in the
vicinity of the subject lot, as residential in character.
2.) The grant of this variance will not be injurious to the public health, safety,
morals, and general welfare of the community because: It is the determination
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 22
of the Plan Commission and City Council that an animal hospital is specifically
listed as an excluded use for a home occupation, therefore recognizing the
incompatibility of this use and the adjacent uses.
3.) The use or value of the area adjacent to the subject property will not be
substantially affected in any adverse manner because: The adjacent properties
will be affected in an adverse manner. It is the Department's opinion that the use
and value of the area adjacent to the property will be affected in a substantially
adverse manner, due to the presence of a commercial use at the entrance of the
adjacent subdivision currently under development, as well as noise and increased
traffic.
4.) The need for the variance arises from a natural condition peculiar to the
subject property because: There is not a natural condition peculiar to the subject
property. The only trait about the property is that it is adjacent to 146 Street. The
home can continue to be used as a single- family residence. Many home
occupations, both new and old, can be observed today along the 146 Street
corridor in this area.
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 Low Intensity Residential.
The use, as approved, is in conflict with the Comprehensive Plan for the area.
Recommendation:
The department recommends unfavorable consideration of UV- 61 -03.
July 28, 2003
Carmel /Clay Board of Zoning Appeals Department Report 23
CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
June 23, 2003
21h. Taylor Trace, Lot 12 Wade Veterinarian: Furry Family (UV- 61 -03)
Petitioner seeks the following Use Variance:
UV -61 -03 03050022 §25.18.2 veterinary clinic
The site is located at 3309 E. 146 Street. The site is zoned R- 1/Residential. Filed by Dr. Mary Wade.
A� i t General Information:
r Dr. Mary Wade would like to live at and
operate a sma animal veterinary clinic
-;-..7' -1 Q r4 n p si clinic,
by appointment only, from a single
E 146 ST family
residence. The home is located
��t th
near the intersection of 146 Street and
,y. f Carey Road. As stated, the doctor will
�;h only treat household pets, not large farm
y rhil
animals. The site and surrounding area
s 1 j zoned R -1 /Residential. The
lc r� i s urrounding area is mostly single- family
t homes and undeveloped ground zoned
t y for residential uses. The request is not
o r y for approval of home occupation, but
W we have provided those standards
below.
Background Information:
Home Occupation Sec.25.18 in Zoning Ordinance:
25.18 Home Occupation
25.18.1 Standards Generally.
A. Floor Area: Home Occupations shall utilize no more than fifteen percent (15 of the gross floor
area of the dwelling.
B. Character:
1. The Home Occupation shall not change the character of the Dwelling, Lot or parcel;
2. The Dwelling shall not bear any indication from the exterior that it is being utilized in
whole or in part for any purpose other than a Dwelling;
3. The Home Occupation shall not be permitted outside storage or display of materials in
connection with the Home Occupation;
4. The Home Occupation shall not be permitted signs other than those normally permitted in
the district in which the Home Occupation is located.
C. Nuisance: The Home Occupation shall be conducted wholly within the Dwelling, such that there
is no outside noise, vibration, odor, smoke, dust, glare or electrical disturbance.
D. Employees: The Home Occupation shall employ no more than one (I) individual outside of the
immediate family.
E. Deliveries The delivery of any materials for the Home Occupation will not exceed two (2) trips
per day by any vehicle not owned by a family member.
June 23, 2003
Carmel /Clay Board of Zoning Appeals Department Report
15
F. Equipment The Home Occupation shall utilize only mechanical equipment that is customarily
used for domestic purposes and is of a size and type that is similar to domestic mechanical equipment
or is customarily found in a business office.
25.18.2 Excluded Uses
A. antique or gift shop;
B. serving of food or beverages;
C. animal hospital or commercial kennel;
D. automobile repair;
E. major appliance repair or services; and
F. any processing or manufacturing that produces noxious materials or products.
Sec. 25.18 adopted per Ordinance No. Z- 369 -02; §ba.
(Excerpt from May 21, 2003 TAC Meeting Minutes):
My name is Dr. Mary Wade and this Rebecca St. Andre. What I am looking to do is open a Veterinary
Clinic on 146` street. It is zoned residential and I have filed a Use Variance to approve the clinic there. I
would like to live there and have the clinic in the downstairs portion of the house.
GROVES: My only comment is that we have no power for your needs.
BLANCHARD: If the variances are approved according to the 97 Uniform Building Code:
"accessibility requirements" will be required like stairway width, handicap ramps and a
restroom. That can be done here locally.
HILL: I apologize for late comments. This site is annexed into the city? Or soon will be. Your entrance
on 146th street will be Hamilton County Highway department. Water, storm and sewer, City of
Carmel. I do not know if you have any Board of Works approvals I think they ran stubs to access
this lot is this lot currently connected to sewer and water?
WADE: No, but in our purchase agreement we will be hooked up to City services.
BLANCHARD: Excuse me, but if that is going to happen you will need to get a backflow device
on that water line.
WADE: Okay.
HILL: You will need to pay connection fees. I do not see any other bonding requirements. J.
Dobosiewicz you will need to advise on this, the conversion of this site. Normally it
needs to be paved and curbed.
DOBOSIEWICZ: This is more closely in line to the home occupation than it would the conversion
to business use at that location and with the BZA regarding this item that is the way we need to
approach it. We need a really defined set of standards that is going to make sure that it is
maintained. I do not think we want to go through the process of paving and curbing and creating a
parking lot and opening up the commercial character of this. There are two parcels next to this
along Carey and all I need is someone coming in and arguing they cannot build a house there
because there is a business next door. I am really hesitant to support the UV for the Veterinary
Clinic. But I think we can take the home use part of the ordinance to make some commitments on a
limited nature. For example, no more than one outside employee just to define that use. The other
thing, the median cut that is currently there is proposed to be closed that will go away. Not that it is
a matter of disclosure but the construction of this subdivision is eliminating that curb cut. Right in
and right out only into your driveway. They may or may not be a big concern to you.
June 23, 2003
Carmel /Clay Board of Zoning Appeals Department Report
16
St. ANDRE: We are looking to keep the clinic very small with only one Doctor being Mary and
keep the home livable with minimal changes to the exterior.
DOBOSIEWICZ: I would use that section of the home occupation ordinance and the more you can
offer the BZA that closely aligns with those standards of home occupation the better.
BREWER: The only question of the landscape plan is there are several circles for shade trees they
are not specifically marked. The only one listed is Maple. If you can please mark each individual
plant so there is no question. On the planting detail there are two things I would like to see added.
Where is says, "place soil ball slightly higher than grade" it should say root flare not soil ball.
And there should be a note that says to remove any stakes and wires after one year...
DOBOSIEWICZ: We are continuing to look as this but you can as I suggested take that section of
home occupation ordinance and create a set of commitments that would be delivered to the
commission to go along with your application. The better you can define and reduce the potential
for side effects the more successful.
NEAL: Steve Broermann will get a comment letter to you. The only thing we see happening is the
driveway on 146 Street Jon Dobosiewicz said there is a median that will be changed. I am sure
that it will be changed. But because of the change of use you may be made to get a new driveway
permit which will change the classification from a residential to a commercial driveway. You
would not have to do anything to it. It is just making sure everything is in order.
DOBOSIEWICZ: So the approach is in there with the project.
NEAL: It is based on use and if you are not a large animal vet than you should only have
passenger vehicles coming in and out.
Wade: That is correct....
Analysis:
Considering that the house is so close to the road right -of -way, it makes sense to put a use other than a
single family residence there. On the other hand, if this site becomes a home occupation, the corner lot to
the west might become commercial in use, with a type of domino effect occurring. As long as the clinic
appears residential from the exterior, the residential character of the area is maintained and we do not
introduce a "commercial feel" to the area.
Findings of Fact:
1.) The approval will not be injurious to the public health, safety, moral and general welfare of the
community; It is the determination of the Plan Commission and City Council that an animal hospital is
specifically listed as an excluded use for a home occupation, therefore recognizing the incompatibility of
this use and the adjacent uses.
2.)The use and value of the area adjacent to the property included in the variance will not be
affected in a substantially adverse manner; and It is the Department's opinion that the use and value of
the area adjacent to the property will be affected in a substantially adverse manner, due to the presence of
a commercial use at the entrance of the adjacent subdivision currently under development.
3.) The strict application of the terms of the Zoning Ordinance will result in practical difficulties in
use of the property. The strict application of the Zoning Ordinance will not result in practical difficulties
June 23, 2003
Carmel /Clay Board of Zoning Appeals Department Report
17
in the use of the property. The home can continue to be used as a single family residence. Many existing
and proposed home occupations can be observed today along the l46 Street corridor.
Recommendation:
A suspension of the rules is necessary for the board to consider this item because the
informational packets were delivered one day late.
The department recommends an unfavorable consideration for UV 61 03.
June 23, 2003
Carmel /Clay Board of Zoning Appeals Department Report
18
