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HomeMy WebLinkAboutRemonstrance :D9 See HONORABLE BOARD MEMEBERS God er application absolutely RECEIVED E 1. This a lication is absolutel a no brainer from the start. a t JUL 2b 2003 (2.) The property is residential. DOCS C (3.) Approximately 500 existing homeowners in Clay Townships around this do not want it including all neighbors except Marvin Taylor who sold her the house not contingent on zoning. At the last meeting there were 2 people for this, the buyer and her attorney. There were approximately 400 houses represented that didn't want it. (4.) The staff has made the recommendation not to approve for a whole host of reasons that make sense. (5.) The 3 board members last meeting did a terrible disservice to the citizens they represent by not voting this down. It's a sad day when all neighbors and homeowners associations have to set aside another meeting date to fight something that should have never been brought up. (6.) We don't need an out of state vet to come here, try to establish a commercial blight disruption in the middle of a peaceful residential area. We do not need hodge -podge zoning. Would you like to have a potential kennel next to your home? We don't want it either! There is plenty of office- clinic space already zoned for this. (7.) The applicant said at last meeting the house is too close to the road for residential. I would ask her again why she bought it. Two families have raised the following (1 family 3 children), (another family 5 children) over the last 40 years in that home with no trouble. (8.) My mother -in -law's house next door to the west has 2 extra lots, zoned residential with city water and sewer that meets the size, frontage, etc. for S1 zoning. The Carmel DOCD will not allow the owner to sell these lots, saying they would not be able to get a building permit for a house, unless it was approved by a full blown major subdivision application. (Already zoned residential), the same as the proposed vet clinic. If you won't allow residential by making it unreasonable for an owner to sell off a perfectly good residential lot, why would a totally unacceptable use be given the time of day wasting probably 100 peoples time and jeopardizing all the neighbors' home value? (9.) I'm enclosing a copy of the subdivision covenants of which this home is a part of, saying this should only be used as residential. (10.) Please vote to turn this down now! Thank you. Donald M. Dunkerly r .,ti f 200300006060 Filed for Record in HAMILTON U T Y k 4 NILI ANA bEC CI r'�• e- t.o RECFIVED ,APR 1 0 2003 DOCS r r i:.> �n t T i 4 DECLARATION OF COVENANTS 'AN b RESTRICTION S 'OF TAYLOR TRACE 'F v ARTICLE Xl. INSURANCE Section 1. Casualty Ins ;tx Section 2. Public Liability Insurance Section 3. Other Insurance Section 4. General Provisions Section 5. Insurance by Owners ARTICLE XII. CASUALTY AND RESTORATION /ARTICLE XIII. RESTRICTIONS; COVENANTS AND RLa�ILA IONS? iSe t t ection 2rnNon- applicability to Corporation ARTICLE XIV. AMENDMENT OF DECLARATION Section 1. Generally Section 2, :•Amendments by Declarant Only :k i r t ARTICLE XV. ACCEPTANCE AND RATIFICATION ARTICLE XVI. NEGLIGENCE ARTICLE XVII. BENEFIT AND ENFORCEMENT ARTICLE XVIII. MISCELLANEOUS Section I. Costs and Attorney's Fees Section 2. Waiver Section 3. Severability Clause Section 4. Pronouns Section 5. Interpretation a 74 r Q' 4 k �t f 4. S S�jly y� tY1 it4•i 7s 5 Y Z4 e a t a t rr 7 Y t q y k I..ncroacliuncnts upon any Lot which may be created as a result of such reconstruction or r epa i r of any oldie ComneAreas shall not constitute a claim or Os or a proceeding or action by the Owner upon whose Lot such encroachment exists, provided that such reconstruction was either substantially in accordance with the plans and specifications or as the Common Areas were originally constructed. xt.�TIGLEXII� w ;1; Restrictions, Covenants'and RttoiiSW: egula Section 1, Restrictions on Use. The following covenants and restrictions on the use and enjoyment of the Lots, Dwelling Units and common Areas shall be in addition to any other covenants or restrictions contained herein and in any subdivision plats of any part of the real Estate heretofore or hereafter recorded, and all such covenants and restrictions are for the mutual benefit and protection of the`present andefuture'Owners and shall run with the land and inure to the benefit of and be enforceable by any Owner, or by the Corporation. ;^Present oKfutuie Owners or the Corporation shall be entitled to injunctive relief against any violation or attempted violation of any such covenants and restrictions, and shall, in addition, be entitled to damages for any injuries or losses resulting from any violations thereof, but there shall be no right of reversion or forfeiture resulting from such violation. These covenants and restrictions are as follows: s 4 A 4 r r i t z+^ :K �k (a) All Lots andDwelling Units shalt used exclusively f� ,rystde iial pitrooses'yandro �`v for occupancy by a`sii)glefantlly (b) Nothing shall be done or kept by an Owner in any Dwelling Unit, or on any Lot, or on any of the Common Areas,_ vhich will cause'aifiiicreasc in the rate of insurance on any Cofimoii'Areas ;No Owner shall permit anything to be done or kepi in his Dwelling Unit or on his Lot which will result in a cancellation of insurance on any part oldie Common Areas, or which would be in violation of any law or ordinance or the requirements of any insurance underwriting or rating bureau. (c) No nuisance shall be permitted and no waste shall be committed in any Dwelling Unit or on any Lot. (d) No Owner shall cause or permit 'anything to be hung or displayed on the outside of the windows of his Dwelling Unit or placed on the outside walls of any building, and sign, awning, canopy, shutter or radio or television antenna or other attachment or thing shall be affixed to or placed upon the exterior walls or prior consent of the Committee unless otherwise expressly authorized herein, or in any recorded subdivision plat, or by the rules, regulations and guidelines of the Committee. (e) No Dwelling Unit or Lot shall be used iii any unlawful mrtiner or in any manner which might cause injury to the reputation of the subdivision developed or to be developed on the Real Estate, or which might be a nuisance, annoyance, inconvenience or damage to other Owners and occupants of Dwelling Units or 34 neighboring property including without limiting,the generality of the foregoing, noise by the use of any musical instruments, radio, television, loud speakers, electrical equipment, amplifiers or other equipment or machines or loud speakers. (f) No clothes, sheets, blankets, rugs, laundry or other things shall be hung out or exposed on, or so as to be visible from, any part of the Common Areas. The Common Areas shall he kept Irce and clear oI'rubbish, debris and other unsightly materials. No industry, 'trade, or oiliei'conuiiercial or religions activity, educational or otherwise, designed for profit, altruism or otherwise shall be conducted. practiced or permitted on the Real Estate unless and except as otherwise'aithorized or permitted by any subdivision plats of the Real Estate. (h) All Owners and members of their families, their guests, or invitees, and all occupants of any Dwelling Unit or other persons entitled to use the same and to use and enjoy the Common Areas or any part thereof, shall observe and be governed by such rules and regulations as may from time to time be promulgated and issued by the Board governing the operation, use and enjoyment of' the Common Area (i) No Owner shall be allowed to plant trees, landscape or do, any gardening in any of the Common Areas, except with express permission from the Board. (j) Common Areas shall be used and enjoyed only for the purposes for which they are designed and intended, and shall be used subject to the rules and regulations from time to time adopted by the Board. Without limiting the generality of the foregoing, the lakes or ponds to be installed on the Real Estate, as shown on the site plan, are and will be an integral part of the storm water drainage system serving the Real Estate and are intended to be used for such purpose and primarily as visual and aesthetic amenities and not as recreational amenities. Accordingly, i no use shall be made of such lakes or ponds which in any way interferes with their I proper functioning as part of such storm water drainage system. No boating, swimming, diving, skiing or ice skating shall be permitted in or on said lakes or ponds. No sewage, garbage, refuse, or other solid, liquid, gaseous or other materials or items (other than storm and surface water drainage) shall be put into said lakes or ponds except the Corporation may take steps to clear and purify the waters thereof by the addition of chemicals or other substances commonly used for such purposes or by providing therein structures and equipment to aerate the same. Fishing from the shores of such lake or ponds adjacent to an Owner's Lot by the Owner thereof and his invited guests and family shall be permitted subject to obeyance and compliance with all applicable fishing and game laws, ordinances, rules and regulations. The Corporation shall be responsible for the maintenance oldie lakes or ponds and the banks oldie lakes or ponds above the water level to the Lot lines. The maintenance costs of the lakes or ponds and such banks shall be assessed as an assessment against all subject to assessment as part of the Common Expenses. No dock, pier, wall or other structure may be extended in to the lakes or ponds. Except for such loss or damage as may result from the act or omission of the Corporation or its agents in the course of maintaining the lakes or ponds and the adjoining banks, each Owner of a Lot abutting the lakes or ponds shall indemnify and hold harmless the Corporation and each other Owner against all loss or damage incurred as a result of injury to any person or damage to any property, or as a result of any other cause, arising from or related to use of, or access to, the lakes or ponds by any person who gains access thereto from, over or across such Owner's Lot. Declarant shall have no liability to any person with respect to any damage to any Lot resulting from the lakes or ponds or the proximity of a Lot thereto, including Toss or damage from erosion. Notwithstanding anything to the contrary contained hetein,or ui the Articles or By -Laws, including but not limited to any covenants and restrictions set forth herein or otherwise, 35 f r. r T i ;i t> t Declarant shall have, until the Applicable Date, the right to use and maintain any Lots and Dwelling Units owned by Declarant and other portions of the Real Estate (other than individual Dwelling Units and Lots owned by Persons (other than Declarant), all of such number and size and at such locations as Declarant in its sole discretion may determine, as Declarant may deem advisable or necessary in its sole discretion to aid in the sale of Lots and the construction of Dwelling Units, or for the conducting of any business or activity attendant thereto, or for the Construction and maintenance of Coniiuon Areas, including, but not limited to, model I)welling Units, storage areas, construction yard, signs, construction offices, sales offices, management offices and business offices. Declarant shall have the right to relocate any or all of the same from time to time as it desires. At no time shall any of such facilities so used or maintained by Declarant be or become part of the Common Areas, unless so designated by Declarant, and Declarant shall have the right to remove the same from the Real Estate at anytime. 3 Section 2. Non- applicability to Corporation.' orporation Notwithstanding anything to the contrary contained herein, the covenants and restrictions set forth in Section 1 of this Article XIII shall not apply to or be binding upon the Corporation in its ownership, management, administration, operation, maintenance, repair, replacement and upkeep of the Conmion Areas, to the extent the application thereof could or might hinder, delay or otherwise adversely affect the Corporation in the performance of its duties, obligations and responsibilities as to the Common Areas. ARTICLE XIV'` Aniendnient of Declaration Section 1. Generally. Except as otherwise provided in this Declaration, amendments to this Declaration shall be proposed and adopted in the following manner: (a) Notice. Notice of the subject matter of any proposed amendment shall be included in the notice of the meeting at which the proposed amendment is to be considered. (b) Resolution. A resolution to adopt a proposed amendment may be proposed by the Board of Directors or Owners having in the aggregate at least a majority of the votes of all Owners. (c) Meeting. The resolution concernin g p a ro p osed amendment must be adopted by the designated vote at a meeting duly called acid held ui accordance with the:, provisions of the By -Laws. (d) Adoption. Any proposed amendment to this Declaration must be approved by a vote of not less than seventy-five percent (75 in the aggregate of the votes of all Owners. In the event any Lot or Dwelling Unit is subject to a first mortgage, 36 a u3 x 4 KE 1 ti the Mortgagee shall be notified of the meeting and the proposed amendment in rz: the same manner as an Owner if the Mortgagee has given prior notice of its mortgage interest to the Board of Directors in accordance with the provisions hereof. (e) Special Amendments. No amendment to this Declaration shall be adopted which changes (1) the applicable share of an Owner's liability for the Common Expenses, or the method of determining the same, or (2) the provisions of Article XI of this Declaration with respect to casualty insurance to be maintained by the Corporation, or (3) the provisions of Article XII of this Declaration with respect to reconstruction or repair of the Common Areas in the event of fire or any other casualty or disaster, or (4) the provisions of this Declaration establishing the Committee and providing for its functions, without, in each and any of such circumstances, the unanimous approval of all Owners and of all Mortgagees whose mortgage interests have been made known to the Board of Directors in accordance with the provisions of this Declaration. (f) Recording. Each amendment to the Declaration shall be executed by the President and Secretary of the Corporation and shall be recorded in the office of the Recorder of Hamilton County, Indiana, and such amendment shall not become effective until so recorded. Section 2. Amendments by DeclarantOnlyNotwtthstandtng the foregoing or anything elsewhere contained herein, the Declarant shall have and hereby reserves the right and power acting alone and without the consent or approval of the Owners, the Corporation, the Board of Directors, any Mortgagees or any other Person to amend or supplement this Declaration at any time and from time to time if such amendment or supplement is mad (i to comply with requirements of the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Department of Housing and Public Development, the Veterans Administration or any other governmental agency or any other public, quasi- public or private entity which performs (or may In the future perform) functions similar to those currently performed by such entities,l(6)yldncluce any of such E,�nl agencies or entities to make, purchase, sell, insure or guarantee first mortgages covering Lots and Dwelling Units, (c) to bring this Declaration into compliance with any statutory requirements, (d) to comply with or satisfy the requirements of any insurance underwriters, insurance rating bureaus or organizations which perform (or may in the future perform) functions similar to those performed by such agencies or entities; (C to correct clerical or typographical errors in this Declaration or any Exhibit hereto or any supplement or amendment thereto, o <f) t»plement the rights and options of Declarant (or its nominee) as set forth in Section 2 of Article II hereof and in Section 3 of Article III hereof. to furtherance of the foregoing, a power coupled with an interest is hereby reserved by (and granted by each Owner to) the Declarant to vote in favor of, make, or consent to any amendments described in this Section 2 on behalf of each Owner as 37 xr <t proxy or attorney -in -fact, as the case may be Each deed, mortgage, trust decd, other evidence of obligation, or other instrument affecting a Lot or Dwelling Unit and the acceptance thereof shall be deemed to be a grant and acknowledgment of and a consent to the reservation of, the power to the Declarant to vote in favor of, make, execute and record any such amendments. The right of the Declarant to act pursuant to rights reserved or granted under this. Section 2 shall terminate at such time as the Declarant no longer holds or controls title to an part or portion of the Parcel. ARTICLE XV Acceptance and Ratification z All present and future Owners, Mortgagees, tenants and occupants of the Lots and e. Dwelling Units, and other Persons claiming by, through or. under them, shall be subject to and shall comply with the provisions of this Declaration, the Articles,'the By -Laws and the rules, regulations and guidelines as adopted by the Board of Directors and (to the extent of its jurisdiction) the Committee, as each may be amended or supplemented from time to time. The acceptance of a deed of conveyance or the act of occupancy of any Lot or Dwelling Unit shall constitute an agreement that the provisions of this Declaration, the Articles, the By -Laws and rules, regulations and guidelines, as each may be amended or supplemented from time to time, are accepted and ratified by such Owner, tenant or occupant, and all such provisions shall be covenants running with the land and shall bind any Person having at any time any interest or estate in a Lot or Dwelling Unit or the Real Estate, all as though such provisions were recited and stipulated at length in each and every deed, conveyance, mortgage or lease thereof. All Persons who may own, occupy, use, enjoy or control a Lot or Dwelling Unit or any part of the Real Estate in any manner shall be subject to this Declaration, the Articles, the By -Laws, and the rules, regulations and guidelines applicable thereto as each may be apiended or supplemented t i 5tH from time to time. e f <t r° u r ARTICLE XVI r rs e t i t t 1 h ,t fj Negligence Each Owner shall be liable for the expense of any maintenance, repair or replacement" rendered necessary by his negligence or by that of any member of his fancily or his or their. guests, employees, agents, invitees or lessees, to the extent that such expense is not covered by the proceeds of insurance carried by the Corporation. An Owner shall pay the amount of any increase in insurance premiums occasioned by his violation of any of the Restrictions or any 38 1 July 21, 2003 RECEIVED JUL 23 2003 Carmel Clay Board of Zoning Appeals DOGS C/o Connie Tingley, Secretary Carmel City Hall g) One Civic Square 4 Carmel, In 46032 Dear Connie: I am writing you to confirm my views about the variance that is being considered for Lot 12 Taylor Trace. Please see the notes dated June 23, 2003. Again, I would like the board to consider a no vote for this motion. Sincerely, yTre t r RECFIVED JUL 17 1 1 DOGS To: Mr. Michael A. Mohr Date: 7 -17 -03 Chairman of Board of Zoning Appeals Re: Wade Veterinarian: Furry Family (UV- 61 -03) Dear Mr. Mohr, At the June 23` meeting of the BZA, the above petition, UV -61 -03 was tabled until the July 28, 2003 meeting. If there have been substantive changes made to this petition, on behalf of concerned homeowners, I am requesting that the Board re -open the public hearing. Respectfully, 7t. e anne Beebe 3405 E. 146 Street Carmel, In., 46033 To: Members of the Board of Zoning Appeals Subject: Taylor Trace, Lot 12 -Wade Veterinarian: CC: Mr. Jon Dobosiewicz Furry Family (UV- 61 -03) Mr. John R. Molitor Date: 7 -17 -03 Dear Board Members, d72 Enclosed is some background information pertaining to the above petition. Its purpose is to DOe clarify our position on and our objection to the approval of this petition. Our concerns are threefold: S 1 Traffic specific to Taylor Trace: Lot 12 contains an existing two -story home, with a two car detached garage, and a large in- ground swimming pool. There is an existing cut from the driveway directly into the left -turn lane for Carey Road. According to the Hamilton County Highway Department this cut will be closed in the near future. This will mean that, along with the rest of the Taylor Trace sub- division, the only entrance and egress will be a right turn. This will lead to dangerous U- turns at Carey Road, or the 3405 cut, or even scarier, an entrance via the 3405 cut and going the wrong way on 146 St in order to enter the subdivision. This is already happening with some construction trucks. Traffic West of Carey Road: With the completion of the 146 Street project, the prediction of its becoming a short cut from SR 37 to Meridian Street is a reality. The Kite Corp. is developing Cool Creek Commons and Greyhound Pass, with its new exit ramp from Keystone Ave. through the Lowe's complex and intersecting 146 St.. There are already theVillage Park Plaza, Village Farms, and Greyhound Pass shopping areas. And, now, the icing on the cake, the new Lauth Corp. Open air mall is under construction. There is neither need nor room for any further business enterprises on 146 St., be they large or small. 2 Property Values Allowing this petition to be approved will only create a domino effect for that piece of property and for any other subsequent commercial endeavor. We believe that this will affect adversely the property values in this area. Along with the traffic concerns, saleability of property will not be "location, location, location but will be "traffic, traffic, traffic" due to increased commercial enterprises. 3 Health and Safety With any medical facility, there is naturally a concern about drugs and medicines that will be on the premises. Further, there is a major concern about the disposal of hazardous waste materials. Homeowners have to contract with a private scavenger company to remove trash and garbage. Besides the animals that forage in the garbage and upend the pails there are heavy -duty trucks whose vibration and wind turbulence will also upend the garbage pails. This presents a problem since the trash pick up could take place any time during the day from 6 a.m. until after 5 p.m.. Section C -219 is a zoned Residential 1 parcel that has been annexed recently by the City of Carmel. Those of us who live in this parcel are now required to abide by the ordinances of Carmel. The City of Carmel, by the same token, has an obligation to us as taxpayer to represent us in a fair and equitable manner. UV -61 -03 is a petition for a land use, which is prohibited in a Residential -1 zone. It is also a request for a Home Occupation whose ordinances explicitly exclude animal hospitals, signs, and deliveries. We would ask the Board to concur with DOC's recommendation to disapprove this petition. Respectfully, J (11.41---174). 611-- JEANNE BEEBE —C� 3405 E. 146th St. Carmel, IN. 46033 3405 E. 146th St. Jilt RE-cFiVED Carmel, In., 46033 I T 2003 July 16, 2003 D ®CS Re: Wade Veterinarian: Furry Family (UV- 61 -03) Dear Board Members: Over the years we make a lot of mistakes. As a general rule we usually have to pay for the mistakes we make. The only upside to that is that we hopefully learn from these mistakes. I believe Dr. Wade made a mistake. She bought a house with the intention of living in it while operating a veterinary clinic out of part of it. She knew that she would need a variance to operate the clinic. It's a shame that the doctor was led to believe the variance would be just a matter of filing a few papers. (As Doctor Wade said at the first hearing, "I can't believe there is this much opposition to my clinic It's understandable she held this erroneous belief given the upbeat letter she received from the seller which she submitted to the Board at the last meeting). It is telling however that the seller who wrote the glowing letter about a veterinarian clinic in the subdivision wouldn't sell her the property contingent upon the approval of the variance. I believe this very sincere young woman was led down the garden path by people whose primary interest was to sell the property without regard to the risk they were asking her to assume. I am truly sorry she is in this position and I expect the Board members feel the same way. I would ask, however, that the Board not relieve the burden she finds herself under, by placing a resulting burden on the shoulders of surrounding property owners. Sincerely, e€ Bob Beebe 7 RECFNED 8 200 3 DOCS ,yr July 7, 2003 Angie Butler City of Carmel Dept. of Community Services One Civic Square Carmel, IN 46032 Dear Ms. Butler Re: Docket No. UV 61 -03, Furry Family Vet Clinic LETTER OF OPPOSITION This letter is in protest of the proposed veterinary clinic to be located at on the south east corner of 146 and Carey Road. I fear the addition of this facility to what is currently a residential neighborhood would change the complexion of that neighborhood and only be the beginning to what I fear would be an influx of other commercial endeavors. Sincerely, Roxy Brown 3607 Eaglewood Court Carmel, IN 46033