HomeMy WebLinkAboutCorrespondence 030S �-v2-2-
W O F CA t< --/2 O
C i ty of arme
.0;0,
October 3, 2005
Ms. Mary Marcotte
3309 E. 146 Street
Carmel, IN 46032
RE: Proposal for a Home Occupation at 3309 E. 146 Street
Ms. Marcotte:
This letter is being written in response to your email dated Wednesday, July 27, 2005. Based upon
the proposal you provided in this email, a home occupation could be feasible provided you maintain
adherence to the standards outlined in Section 25.18 of the Carmel /Clay Zoning Ordinance and City
Code (see attached) and to the following additional commitments, which were included in your
email:
1.) The property at 3309 E. 146 Street "would be utilized for visiting clients only.
Appointments would be scheduled on an hourly basis for a designated period of time; ie, not
before 8:00 a.m. or after 5:00 p.m. Appointments would only be scheduled during a morning
block, or an afternoon block on a given day. In other words, appointments would be either
from 9:00 a.m. until 1:00 p.m., or 1:00 p.m. until 5:00 p.m. Appointments would average
30-45 minutes per client."
2.) "The main occupation will operate out of the existing office at 20811 Hague Road,
Noblesville, IN 46062. This will ensure a limitation of clients seen per day. Any procedures
requiring in- patient services will also be conducted at this location only. This will ensure
appointments will be on an out patient ONLY basis and, therefore, no animals will remain
on the premises."
Please be advised that in the operation of a home occupation it is your responsibility, as the property
owner, to establish and maintain compliance to the ordinances at all times. Please feel free to call
me at (317) 571 -2417 should you have any further questions.
Sincerely,
Micha Hollibaugh 41111V
Director
Department of Community Se
Cc: File
Kevin Brennan, Code Enforcement
One Civic Square Carmel, IN 46032 317 -571 -2417
CITY OF CARMEL ZONING ORDINANCE
25.17 Private Recreational Development or Facility.
25.17.01 Commerrial Swimming Pool.
A. Minimum Area: Two thousand (2000) square feet.
25.18 Home Oecnpation.
25.18.01 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.
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.
25.18.02Exchtded Tlses.
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.
14 Section 25.17 adopted per Ordinance No. Z- 366 -01.
15 Section 25.18 adopted per Ordinance No. Z- 369 -02, §ba.
Chapter 25: Additional Use Regulations
25 -16
as amended per Z -307; Z -318; Z -320; Z- 365 -01; Z- 366 -01; Z- 369 -02; Z- 416 -03; Z- 461 -04
Winter 2005 vl
February 18, 2004
Dear Mr. Weinkauf,
At the February 23 meeting of the BZA, you will be considering the petition UV
1z2=95-03;which is a request for a land use that is not permitted in the zoning district labeled
C -219. It is also a request for a Home Occupation whose ordinances explicitly exclude
signs, deliveries, animal hospitals or commercial kennels. This petition is not about a list
of commitments or fulfilling a dream. Rather, there is only one issue before the BZA.
You are being asked to approve the operation of a business on a piece of property that is
zoned Residential 1. This petition has already been denied once, and again, I urge you to
uphold and abide by the codes and ordinances that are already in place in Carmel. Thank
you for your attention to this matter.
4
1
O I eanne Beebe
cc: Mr. Jon Dobosiewicz
Mr. John Molitor
t f t
'03
To Mr. Charles Weinkauf
Re: Wade Veterinarian: Furry Family UV- 129 -03
Date: February 17, 2004
Dear Mr. Weinkauf,
At the January, 26 meeting of the BZA, the above petition UV -129-
03, was voluntarily tabled by the petitioner so that she could come up with a
list of commitments she would make to the BZA in order to get its approval.
Due to the fact that there will have been substantive changes made to this
petition, on behalf of concerned homeowners, I am requesting that the Board
re -open the public hearing at the February 23r meeting.
Respectfully,
eanne S. Beebe
cc: Board Members
Mr. Jon Dobosiewicz
Mr. John Molitor
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: February 17, 2004
TO: Mary Wade
FAX: ?554
FROM: Connie
8
Attached hereto are pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached are the Agenda and Department Report for the February 23, 2004 BZA meeting.
Please remember to bring the seven (7) additional fully filled -out Findings -of -Fact sheets
and ballot sheets for each petition the night of the meeting for the Board's use.
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. if you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
1
Woodgate Homeowners Association
January 26, 2004
To: Carmel Zoning Board
From: Ginger Coraggio
President WHOA
Re: Rezoning issue at 146 Street and Carey Road
To Whom It May Concern:
I'm writing to you today in regards to the rezoning request for a veterinary clinic at the
intersection of 146Th Street and Carey Road. As you may know, the Woodgate subdivision is
located nearby this intersection. Many of our homeowners originally chose this area
because the surrounding areas were zoned residential, not commercial. We have concerns
about rezoning surrounding areas and allowing commercial zoning near our neighborhood.
There are also traffic considerations, as 146Th street is a very busy thoroughfare, and we
don't wish to see an increase in our area traffic due to a commercially zoned particle of
land.
I would strongly urge the board to carefully consider these issues and keep our area
residentially zoned. We do not wish to see our neighborhood surrounded by commercial
businesses.
Thank you for your consideration in this matter.
Ginger Coraggio
President WHOA
575 -9471
y am
j j r HA N COUNTY
,A I IGf I WA Y DEPARTMENT
OF 1
January 20, 2004 'C: 1\
Jon Dobosiewicz 7/z
Cit of Carmel f
1 Civic Square O�C' `.1124'
Carmel, IN 46032
y i
Jam_
RE: Furry Family Vet Clinic
3309 146th St.
Clay Township
Dear Jon:
This Letter serves to inform you of the Highway Departments concern regarding the median cut
for this parcel. Along 146 St. our primary concern is that this cut was left to serve a
residential driveway, not a commercial drive. The increased number of vehicles that will now
attempt to use the cut may make us close the opening, depending on if a traffic problem
arises from the new use. The developer should be made aware that the Highway Department
could, for any reason, close the median cut.
s n
o
uest
nll
Shld you have any inr rnmmnt rgrrding this p nlaac fa ll me a t
you q._.._ ....es ea ojet y ..a r 773-
7770.
Sincerely,
xP
James W. Neal, P.E.
County Highway Engineer
JNi jig:
cc: Steve Broermann
Jeanne Beebe
GAUSERSVMCORAESPOkI4611ACOMRACT lr2U+URRY FAMILY VET CLINIC _JAN 2004.DOC
1700 South 10`" Street Office (317) 773 -7770
Noblesville, Ire. 46060 wurvv.;o.ha nilton m ..s Fax (317) 776 -9814
To: Members of the Board of Zoning Appeals Subject: Taylor Trace, Lot 12
CC: Mr. Jon Dobosiewicz Furry Family (UV 129 -03/ #03120022)
Mr. John R. Molitor Date: 1 -20 -04
Dear Board Members,
Enclosed is some background information pertaining to the above petition. Its purpose is to
clarify our position on and our objection to the approval of this petition. Our concerns are threefold:
1- Traffic specific to Taylor Trace
Lot #12 contains an existing two -story home, with a two car detached garage, and a large
inground 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
Taylor Trace subdivision, the only entrance and egress will be a right turn. This will lead
to dangerous U -turns at Carey Road, or the 3405 cut and going the wrong way on 146
street 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 the Village 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 the need nor the
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 traffic concerns, saleability of property will
not be "location, location, location but will be affected negatively by "traffic, traffic, traffic" due
to increased commercial enterprises.
3 Health and Safety
With any medical facility, there is naturally a concern about drugs and medicine 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 garbage pails, there are
heavy -duty trucks whose vibrations 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 zr taxpayetSto represent
us in a fair and equitable manner. UV// a a petition for a land use, which is prohibited in a
Residential -1 zone. It is also a requesna `'flume 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,
I
200300119267 Filed Record in
HAMIL COUNTY INDIANAI L' -i
JENNIF J HAYDbN
11 -21 -2003 At 0 pm.
\to AEND DECLA 7 16:00 (A �S7 RECF VED
a SECOND DECLARATION OF AMENDMENT TO THE COVENANT J S JIN 22 gi Sri
0
AND RESTRICTIONS
011( AND
TAYLOR TRACE DOGS
This Second Declaration of Amendment (hereinafter referred to as "the Secondly..;_
Amendment" or "this Amendment made this _th day of November, 2003, Marvin Homes,
Inc., and NMD, INC., both being Indiana corporations (hereinafter referred to as "Declarants
WITNESETH:
WHEREAS, the prior Declarant was Springmill Builders, Inc., an Indiana corporation
and Springmill Builders, Inc. has sold the remaining interests it had to the current Declarants
who are the owners of nine of the twelve lots in a parcel of real estate in Hamilton County,
Indiana known as "Taylor Trace" whose legal descri stion appears in the Secondary Plat filed on
January 15, 2003 as instrument numbe -A,, *x X� i"4 '1 in the Office of the Recorder of Hamilton
County, Indiana hereinafter referred to, collectively, as the "Parcel and
WHEREAS, Declarants desire to amend the Declaration of Covenants an. trictions of
Taylor Trace which were filed January 15, 2003 as instrument numbe E;a,y:..e d�,g n the
Office of the Recorder of Hamilton County, Indiana and amended on June 2, 2003 as instrument
numbe Sr 3,i +9a.~ in the Office of the Recorder of Hamiltion County, Indiana; and
NOW, THEREFORE, Declarants hereby declare that the Parcel is and shall be improved
subject to the Declaration as amended and declared to be in furtherance of a plan for
preservation and enhancement of the Real Estate.
The following Articles, Sections, and Paragraphs are amended and shall read as follow.
ARTICLE VIII
Section 3. D. Exterior Construction is amended to add the following sentences: Every
Dwelling Unit shall have brick veneer on the first floor (street level) front, both sides at street
level, and all exposed portions of lower levels on the front and sides. Only the back side and
second story exterior surfaces may have non -brick materials.
ARTICLE XIII
Section 1.Restrictions on Use. Is amended to add section 1. (k) as follows:
(k) Notwithstanding anything else set forth in the Declaration to the contrary, the Owner
of Lot 12 is hereby permitted to operate an owner /occupant business so long as the following
conditions are met:
(i.) Any such business must be in compliance with all local codes, restrictions,
ordinances, and other similar laws for owner /occupant business including, but not limited to,
compliance with all nuisance restrictions on noise, storage, and waste disposal;
(ii) The current zoning for Lot 12 cannot be amended and it is specifically
prohibited for the Owner to seek to modify the zoning classification to anything other than a
residential use; and
y 4
L y g
1
r�
(iii) Any business operated upon Lot 12 shall be permitted only for so long as the
Owner maintains their primary residence on Lot 12 as required by local code, ordinances, and/or
other controlling law.
Subject to the foregoing restrictions and the further restrictions stated herein, the Owner
of Lot 12 is hereby granted the right to initially operate a veterinary clinic with no more than 5
indoor kennels. Such kennels shall be expressly used for the sole purpose of allowing small (less
than 125 pounds in weight) house pet animals to stay on site only as required for veterinary
procedures or recovery from surgery and not for boarding purposes. All subsequent uses of Lot
12 must otherwise be in compliance with the Restrictions, as amended.
The Owner shall also be responsible for compliance with the following specific
restrictions applicable to the veterinary clinic:
1. All dogs shall be walked inside the existing wooden fence except for any walking from
the side door entrance to the fenced area.
2. Animal waste shall be kept in tightly covered containers with no less than weekly
removal from the property.
3. No storage of any kind shall be permitted outside of the fence, garage, or house.
4. All windows and doors in the kennel area must be kept closed to limit the noise level
in the neighborhood. Any ventilation required shall be met by adding mechanical
equipment to serve that purpose.
In connection with the operation of any owner /occupant business and subject to any
required permit(s) the Owner of Lot 12 shall be allowed to install and maintain a name and
credential letters sign along 146` Street, the size, content, design and location of which shall be
subject to the prior written approval of the Committee, which approval shall not be unreasonably
withheld.
In addition and subject to the written approval of the Committee, which approval shall
not be unreasonably withheld, the Owner of Lot 12 shall also be permitted to maintain a sign on
the exterior of the dwelling unit indicating the entrance /exit and hours of operations. Neither sign
shall exceed the lesser of one foot high by two feet wide or the minimum local restrictions on the
size of such signs, whichever is greater.
In connection with the operation of any owner /occupant business by the Owner of Lot
12, and in the event of any failure by the Owner of Lot 12 to comply with the development
Covenants, the Board of Directors shall give written notice of such non compliance to the Owner
of Lot 12. Except for delays related to acts of god, if the non compliance continues for more than
10 days after receipt of notice of non compliance, the Board of Directors shall have the authority
as yet to be established in the By -Laws to remedy such non compliance. Such authority may
include reasonable fines, assessments and recovery of costs and attorney's fees incurred to
enforce such compliance, but any such amounts must be disclosed in the original notice.
2
i
Declarants acknowledge that the house, pool, fencing, and garage currently existing on
Lot 12 were constructed prior to development of the Real Estate and the recording of the
Declaration and such improvements do not comply with the development restrictions set forth
herein. Notwithstanding the foregoing, for purposes of the Declaration, all improvements on Lot
12 existing as of the date of the sale of Lot 12 by Springmill Builders, Inc. to Mary Wade shall
be deemed to be exempt from compliance with the development restrictions and no current or
future owner shall be required to modify improvements existing on that date. However, future
improvements must be approved by the Committee and such improvements may require
reasonable modifications of the previously exempt improvements at the discretion of the
Committee. (End of Section 1(k).)
The undersigned hereby represents and warrants that they are duly authorized to execute
this Amendment on behalf of Declarants and that all necessary approvals and consents to bind
the Declarants have been obtained.
IN WITNESS WHEREOF, Marvin Homes, Inc. and NMD, INC., Declarants herein, have
executed this Declaration on the day and year first hereinabove set forth.
For Marvin Homes, Inc. For !l, Inc.
Is
By: 9( By. *4 Jt 4
Marvin Taylor, President nt J. hi ey Treasurer
STATE OF INDIANA
SS:
COUNTY OF HAMILTON
Before me, a Notary Public in and for said County and State, personally appeared Marvin
Taylor, the President of Marvin Homes, Inc., an Indiana Corporation, and Kent J. Shipley, the
Treasurer of NMD, Inc. who acknowledged the execution of the above and foregoing instrument
as his voluntary act and deed as such officer for and on behalf of said corporation, for the uses
and purposes therein set forth.
WITNESS WHEREOF, I have hereunto affixed my hand and Notarial Seal this
day of
My Commission Expires: 'I a%
M County of Residence: m( Notary Publ c
This instrument was prepared by Kent Shipley, Esq., P.C. 4 P C1 C
8455 Keystone Crossing Drive, Suite 125, Indianapolis, IN 46240. J
X10
City of Carmel /All Zoning Board Members
This letter is to express the neighborhood sentiment for ourselves and others along the new
146th St and Carey Road area. Everyone we talk to about trying to rezone the residence at
3309 E. 146th St. can't believe the City of Carmel would ever think of allowing a business to be
in the midst of a peaceful otherwise un- cluttered residential area.
None of the long time residents want any business on the nice new 146th St. If allowed, it would
be the beginning of sign clutter, noise, traffic slowing to turn in and out of a residential type
drive, thereby disrupting the flow of moving commuters. The business would never lessen the
problems, only complicate problems. It would create a hodge -podge look to the road and
diminish the otherwise good looks of planning that Carmel has worked so hard to accomplish
over the years. One reason Carmel is so popular is because they have used good judgement
and forsight, thereby creating sound, orderly growth and land use, and a healthy community.
The changing of the new small Taylor Trace subdivision convenants does not make 2 wrongs a
right. That manuever has absolutely no creditability. This idea and application has been a bad
news concept from the start and still is. Anyone with any common sense at all would not allow
an animal clinic or any other business to contribute to the de- grading of a whole segment and
the overall appearance of our proud community. There are already properly zoned buildings,
sites, etc. available for this use that have been included in Carmel and Westfields long range
plans that need to be adheared to. It would be a very sad day if anyone such as this user could
just fly into any strange town or city, buy a house, and expect the city fathers to just change their
zoning at random because they have thought it would be a good neighborhood business. None
of us need this business in this location. Everyone has gotten along just fine without it for the
last 150 years.
We urge you to vote this application down for the last time.
Do you think this would be a location you could drive by 10 -20 years from now and be proud of
the way you voted? Or will it look like a Fall Creek and Keystone Ave. area? You are the ones
that have that responsibility tonight.
Thank you for serving the best interests of our whole communitv.
Don Dunkerly
891 Copperwood Drive
Carmel, IN 46033
City of Carmel
Department of Community Services
One Civic Square
Carmel, IN 46032
317- 571 -2417
Fax: 317- 571 -2426
FACSIMILE TELECOPY COVER LETTER
DATE: January 20, 2004
TO: Mary Wade
FAX: 4-?E=1 8/0- F5
FROM: Connie
Attached hereto are 9 pages, including this cover letter, for facsimile transmission.
Should you experience any problem in the receipt of these pages, please call 317/571/2419
and ask for Connie.
NOTES:
Attached is the agenda and Department Report for the January 26, 2004 BZA meeting.
Please note change of location.:
Please call if you have any questions.
CONFIDENTIALITY NOTICE: The materials enclosed with this facsimile transmission are private and confidential
and are the property of the sender. The information contained in the material is privileged and is intended only for
the use of the individual(s) or entity(ies) named above. if you are not the intended recipient, be advised that any
unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied
information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify
us by telephone to arrange for return of the forwarded documents to us.
CI 1, 1) VIEL
JAMES BRAINARD, MAYOR
January 16, 2004
�)ti
Dr. Mary Wade, D.V.M.
3309 East 146 Street
Carmel, IN 46032
Family V'etermaryffiClmic''roject Review #2
Dear Dr. Wade:
This office reviewed the project for the May 21, 2003 Technical Advisory Committee meeting. We had
minimal comments for that review. You satisfactorily responded to our comments on June 2, 2003.
Therefore, we have no additional comments.
Since ely,
Dick Hill, Assistant Director
Depar tiiient of Engineering
cc: Mike McBride, City Engineer)
Jon Dobosiewicz, Department of Community Services
S:\PROJREVO4\3306E146THREV #2
DEPARTMENT OF ENGINEERING
ONE CIVIC SQUARE, CAR IEL, IN 46032 OFFICE 317.571.2441 FAX 317.571.2439
EMAIL, kwecscr,ci.carmel.in.us
a Q City of C
VIA FAX: (516) 873 -6466
Original by mail
December 22, 2003
Dr. Mary Wade
3309 E 146 Street
Carmel, IN 46033
RE: Taylor Trace, Lot 12, Furry Family Use Variance Application (UV- 129 -03)
Dear Dr. Wade:
This review letter is in response to your Use Variance Application for Taylor Trace, Lot 12.
This is a preliminary letter to let you get started on revisions. Members will make additional
comments at the TAC Meeting on January 21. Please complete the following items after the
TAC meeting:
1. Please provide a more detailed location map, labeling roads, adjacent zoning, and land
uses, etc.
2. Per Section 27.3.2, all parking lots must be curbed. If you are not curbing your parking
lot, please file a development standards variance application.
3. Please provide photographs of the house.
4. Please fill out page 4 of the application (affidavit).
5. Provide a breakdown of percentage and square footage of the house that will be used as a
veterinary clinic verses residential use.
6. Please address the following issues that will be brought up at the BZA meeting: biohazard
waste pick -up, noise level, and traffic.
7. Also, please address signage on the property. Provide a signage plan and color elevations.
If you have any questions or if I maybe of assistance please do not hesitate to call.
Sincerely,
"All—YIP 4
Angelina Butler
Planning Administrator Al
TaylorTrace,Lotl 2-UV
Page 1
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571 -2417