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HomeMy WebLinkAboutMinutes BZA 06-23-03 (excerpt) T\i C SUV 23 2_00 bz Nl 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. Present for the Petitioner: Dr. Mary Wade, 3309 E. 146 Street, Carmel. 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 -1 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 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. 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 Department 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? 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.