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HomeMy WebLinkAboutCommitmentsDear BZA member, I would once again like to thank you for taking the time to review my application for a variance so that I may have a veterinary clinic at 3309 E 146t St. I have included a list of commitments that I had drafted by an attorney on February 5, 2004. The following is a summary addressing all the previous issues brought up by concerned parties. I look forward to seeing you again at the February meeting. Sincerely,„ Dr. Mary ade Marcotte Traffic My vision for this practice is to be able to dedicate one full hour for each appointment I see. This would result in approximately 8 clients a day. I have included a letter in your previous packet from the Hamilton County highway department stating that should it be a problem they will close the road cut. There are many factors that will contribute to an increase in traffic on 146 St: 1. The building of Clay Terrace less than %2 mile west of my address. This will include 500,000 square feet of retail space. 2. The building of a strip mall at 146t St and Greyhound Pass. A Cardinal Fitness will be included in this retail space which will draw in a significant amount of patrons. 3. The opening of Keystone to 146 St has already significantly increased the eastbound traffic on 146 St. 4. The building of a church with 200 seating capacity on the property west of mine. My small animal veterinary clinic will truly be a minor impact on traffic flow. Noise The next concern is that of noise. In the newly revised covenants and restrictions, as well as the commitment letter attached, it states that the only animals allowed to stay overnight are those in need of medical assistance. The animals that do stay, will be in a room at the center of the house to prevent any excess noise. Medical Waste The issue of medical waste was brought up at the previous meeting. I have committed to keep all medical waste in proper containers within the garage and or house. These containers will be picked up by biohazard companies compliant with all state and federal laws. This includes any lab products, medical disposals and animal waste. Commercialism The last issue is commercialism and how it will impact the property values of the surrounding neighborhoods. The best example I have is my current job. I work part-time for Woodland animal hospital. Ironically, this practice was originally a house and the owner obtained a use variance to convert it to a clinic. It is in Carmel on 116 st and Rangeline Rd. Just within the past couple of months, a new subdivision has chosen to build their subdivision right next to the clinic. This is evidence to me that a vet clinic is not a detriment to the neighborhood. In fact, I was fortunate enough to have meet the president of this subdivision Mr. James McKneight. He is a client at Woodland he has specifically told me how great it is to live next to a vet hospital so that he can just walk his dog there. UV- 129 -03 3309 East 146 Street COMMITMENTS CONCERNING THE USE OR DEVELOPMENT OF REAL ESTATE In accordance with I.C. 36 -7 -4 -921, the owner of the real estate located in Clay Township, Hamilton County, Indiana, which is described on Exhibit "A" attached hereto and made a part hereof (the "Real Estate makes the following COMMITMENTS concerning the use and development of the Real Estate. STATEMENT OF COMMITMENTS 1. The owner of the real estate will comply with all covenants and restrictions set forth by Taylor Trace. (See attached) 2. The improvements on the Real Estate shall be maintained in their residential appearance. 3. There shall be no outside kennels or Commercial Kennels as defined in the Ordinance. Only animals too medically unstable to be transported shall be boarded at the Real Estate. 4. A sign relating to the veterinary use may be located on the Real Estate. The sign shall be located as indicated on the attached site plan and shall look substantially like the rendering attached to these Commitments. The sign shall be no larger than 12 square feet. 5. As many as three (3) non resident employees shall be allowed to be working at the veterinarian practice at one time. 6. The veterinary practice shall be open by appointment only with no set hours of operation. 7. Refuse containers shall be stored in the detached garage shown on the site plan. 8. Medical waste shall be stored in appropriate containers located within the primary structure and shall be disposed of by bio -waste disposal service professionals. 9. Landscaping of the Real Estate shall be in substantial compliance with that shown on the attached site plan. These COMMITMENTS shall run with the land, be binding on the owner, subsequent owners of the real estate and other persons acquiring an interest therein. These COMMITMENTS may be modified or terminated by a decision of the Carmel -Clay Board of Zoning Appeals made at a public hearing after proper notice has been given. COMMITMENTS contained in this instrument shall be effective upon the approval of variance petition UV- 129 -03 and shall continue in effect to each portion of the Real Estate, or until modified or terminated by the Carmel -Clay Board of Zoning Appeals. These COMMITMENTS may be enforced jointly or severally by: 1. The Board of Zoning Appeals; 2. The City of Carmel, Indiana; and 3. Owners of all parcels of ground adjoining the real estate to a depth of two (2) ownerships, but not exceeding six hundred sixty (660) feet from the perimeter of the real estate, and all owners of real estate within the area included in the petition who were not petitioners for variance. The undersigned hereby authorizes the Department of Community Services of Carmel/Clay Township, Hamilton County, Indiana to record these COMMITMENTS in the Office of the Recorder of Hamilton County, Indiana, upon final approval of variance petition UV- 129 -03. IN WITNESS WHEREOF, owner has executed this instrument this `7. —day of February, 2004. STATE OF INDIANA )SS: COUNTY OF HAMILTON Before me, a Notary Public in and for said County and State, personally appeared Mary Wade Marcotte, who acknowledged executed of the foregoing. Witness my hand and Notarial Seal this 15 day of February, 2004. Mar+Wade Marcotte i /T Not Public My County of Residence: /izf/4 My Commission Expires: 7/Ac e 7 This instrument was prepared by Cameron F. Clark, Attorney at Law, CLARK, QUINN, MOSES, SCOTT GRAHN, LLP, One Indiana Square, Ste. 2200, Indianapolis, Indiana 46204. EXHIBIT "A" 17 03 02:25p KE•J. SHIPLEY SECOND DECLARATION OF AMENDMENT TO THE COVENANTS AND RESTRICTIONS OF TAYLOR TRACE 2519 p.2 This Second Declaration of Amendment (hereinafter referred to as "the Second 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 description appears in the Secondary Plat filed on January 15, 2003 as instrument number 200300006061 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 and Restrictions of Taylor Trace which were filed January 15, 2003 as instrument number 200300006060 in the Office of the Recorder of Hamilton County, Indiana and amended on June 2, 2003 as instrument number 200300052468 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 X1II 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 1 /ov 17 03 02 :25p KE J. SHIPLEY 25196 (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 146t 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. p. 3 17 03 02:36p KA J. SHIPLEY z/ 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, alI 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. day of For Marvin Homes, Inc. By: Marvin Taylor, President 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 1244 3. My Commission Expires: My County of Residence: j By. This instrument was prepared by Kent Shipley, Esq., P.C. 8455 Keystone Crossing Drive, Suite 125, Indianapolis, IN 46240. 3 25196 p.1 For NM A Inc. .her.; 1 nt J.. hi .fey Treasurer