HomeMy WebLinkAboutDept Report 02-23-04 1
CARMEL /CLAY BOARD OF ZONING APPEALS
DEPARTMENT REPORT
February 23, 2004
li. Taylor Trace, Lot 12 (UV- 129 -03/ #03120022)
Furry Family Veterinary Clinic
The applicant seeks approval for a use variance:
UV- 129 -03 #03120022 §25.18.02 Veterinary clinic
The site is located at 3309 E. 146 Street. The site is zoned R -1 /Residence.
Filed by Dr. Wade.
3 General Information:
2 2 Dr Mar Wade would like to
y
sN' 0 A
-F x live at and operate a small
TH animal veterinary clinic, by
J
Fr X appointment only, from a
1 single- family residence. The
,I home is located near the
1 4 146 li q i ntersection of 146 Street
E 1 .s and Carey Road. As stated,
k 4 ti: ti 4 the doctor will only treat
1 household pets, not large
t '4,-;-,,t,:1::=', f I, tl g farm animals. The site and
y surrounding area is zoned R-
1 /Residential. The
l' u .s,, surrounding area is mostly
single family homes and undeveloped ground zoned for residential uses. The request is
not for approval of home occupation, but we have provided those standards below.
Background Information:
The petitioner has appeared before the Technical Advisory Committee for a second time
on January 21, 2004. The following is an excerpt from the Zoning Ordinance:
(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 Horne 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.
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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.
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 conunercial 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 July 28, 2003 BZA Meeting Minutes):
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.
Present for the Petitioner: Dr. Mary Wade, 3309 E. 146 Street, Carmel, IN. She recapped her
Use Variance. Pictures were shown. She felt the designated use for the property is impractical
since the right -of -way now goes through the house. Medical waste was addressed at the last
meeting. As a doctor, she is required to comply with all federal and state regulations regarding all
hazardous medical waste. There is a company that will come to the house and pick up all
biohazard labeled containers. By letter, she invited all the adjoining neighbors to her home to
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discuss their concerns. The neighbors she talked with were supportive and excited to have a
veterinarian in the neighborhood. She had also talked to realtors from F C Tucker and Century 21
for a professional opinion regarding property values with a business in the neighborhood. They
did not see a problem with this type of business in a residential neighborhood. The property
appraiser she contacted also gave her the same opinion. The appraiser suggested she contact Mark
Rattermann. Mr. Rattermann told her that giving his opinion would not be appropriate because he
is an elected official. He did volunteer his time to come to her home for the July 10 meeting.
Rebecca St. Andre, 1838 E. 64 Street South Drive, gave the minutes for the July 10 meeting.
Forty-one invitations were given out. Present were Dr. Mary Wade, Rebecca St. Andre, Mark
Rattermann, Beth Stevens, a realtor with F C Tucker, Al Koeske, President of Foster Estates
Homeowners Association, Robert and Jeanne Beebe, east side neighbors, and Dr. Eric Marcotte.
The concerns expressed regarding a veterinary practice in the home were decrease of property
values, undesirable signage, noise level, and increase in traffic. The biggest concern was that this
would become a rule of thumb in Carmel. Each concern was addressed. This is not a boarding
kennel. An average home has ten trips per day and the maximum Dr. Wade would have at peak
time would be sixteen. This is a unique situation and no other home in the area would have this
opportunity. The conclusion of that meeting was extremely positive. She and Dr. Wade told the
neighbors they would talk over the concerns and reach a compromise. They would provide a
written compromise of their concerns and how they could still practice medicine.
Dr. Wade had four written commitments she delivered to the neighbors.
1. Furry Family will be a veterinarian clinic only and not a kennel facility. This should
address all concerns of noise.
2. The exterior of the house will remain residential in character.
3. She agreed to commit to a sign no larger than fifteen square feet, although twenty square
feet is allowed by the Planning Department. She intends to start with a sign on the mailbox
only. The larger sign will only be used if a larger sign is needed for her patients to see.
4. Revisit this variance in 24 months.
Mrs. Rice asked how this one residence is part of Taylor Trace, which is a new development.
Mr. Dobosiewicz stated that when this subdivision was platted this existing home site was placed
on a lot within the proposed subdivision. It is lot 12 of the subdivision. The developer purchased
the entire tract including this house at the time the subdivision was proposed.
Discussion followed regarding the covenants for Taylor Trace and this property being used for
business. The covenants are deed restrictions. An animal hospital or commercial kennel is not a
permitted home occupation.
Discussion followed regarding the traffic. The County Highway Depth lucent allowed the
driveway to stay open because it is only a single family house. Sixteen round trips from clients
would be thirty-two trips in addition to the normal ten trips for a residence, which would be a
total of forty-two trips. The Department had not been provided a copy of reports from realtors or
property appraisers. The Department has also not received a copy of the written proposed
conditions under which they would seek approval.
Don Dunkerly, 891 Copperwood Drive, Carmel, IN. He was not in attendance at the meeting July
10. He is a realtor and felt this would disrupt the residential area. He felt the home values would
be affected.
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Mrs. Rice wanted to hear more about how this house got sold with the idea it could be something
like this.
Mr. Dierckman felt they would be entering into a point regarding a private contract. He did not
know what kind of impact that should have on this kind of decision.
Mr. Weinkauf mentioned the domino affect of more businesses. He stated this is not a precedent
setting board and decisions that are made on one particular petition do not carry over to other
petitions.
Mrs. Plavchak asked about the plan for this house if Dr. Wade had not purchased it. It sits near
the corner of two busy roads and off to the side of the subdivision. How likely is it that it would
have been developed into part of the subdivision? Would it have been demolished?
Mr. Dobosiewicz felt the home had been marketed as a single family residence within the Taylor
Trace subdivision. The house does not lie within the right -of -way. The dedication of a different
right -of -way was made to the County on either side of the house. The house was allowed to
remain because it did not obstruct construction or operation of the sidewalk and trail. It was
portrayed to the Plan Commission as a house on a lot within the subdivision.
Discussion followed regarding the home's location since the 146 Street expansion.
Mr. Dierckman moved to approve UV -61 -03 Taylor Trace, Lot 12 Wade Veterinarian: Furry
Family for a period of 24 months; upon expiration of the 24 months, the petitioner would be
required to go through the process again for renewal. The motion was seconded by Mr. Weinkauf
and DENIED 2 -3, with Mr. Dierckman, Mr. Mohr, and Mrs. Rice casting the negative votes.
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. Also, past comments from the TAC meeting from the
Hamilton County Highway department reveal, "the median cut for this parcel was left to
serve a residential drive, not a commercial drive. The increased number of vehicles that
will now attempt to use the cut may make the Highway Dept close the opening,
depending on traffic problems arising from the new use." If approved, the clinic should
appear residential from the exterior, the residential character of the area is maintained,
and so we do not introduce a "commercial feel" to the area. The petitioner has prepared a
set of written commitments that might put the adjacent neighbors at ease about her
operation.
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.
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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 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. 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
CarmeUClay 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 an unfavorable consideration for UV- 129 -03.
(The petitioner's written commitments should be taken into account if this
petition is approved.)
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