Loading...
HomeMy WebLinkAboutDept Report 01-26-04 CARMEL /CLAY BOARD OF ZONING APPEALS DEPARTMENT REPORT January 26, 2004 13j. 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. l r General Information: 1 I Dr. Mary Wade would like to live at q and operate a small animal E 46 ST j veterinary clinic, by appointment 4. s k only, from a single-family residence. w t The home is located near the intersection of 146 Street and Carey i i 7 z Road. As stated, the doctor will only treat household pets, not large farm f animals. The site and surrounding '1(c 1: area is zoned R -1 /Residential. The I surrounding area is mostly single ''k 3 44 family homes and undeveloped t ground zoned for residential uses. f 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. (Home Occupation Sec.25.18 in Zoning Ordinance:) 25.18 Horne 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. -6- 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 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 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 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 -7- 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 Department 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. 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. -8- 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. 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 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 -9- 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. 10