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HomeMy WebLinkAboutMinutes BZA 07-28-03 (excerpt) li. 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 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. r 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. 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.