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HomeMy WebLinkAboutPacketJanuary 13, 2004 Veterinarian 3309 E. 146th St Carmel, IN 46033 Phone (317) 818 -8554 Fax (317) 818 -8556 Dear Board Member, Thank you so much for taking the time to review my request for a variance. I am very excited to share with you the dream I have envisioned for a new service to our community. Furry Family Veterinary Clinic, P.C. is a business I have created in the hopes of providing our neighborhood with the highest quality of veterinary care within a loving home environment. Last June, I purchased the property on the Southeast corner of 146th ST and Carey Rd with the vision of starting a small animal clinic within a home where I could provide my clients and their pets with very personalized attention. I had searched extensively in Noblesville, Carmel, and the north side of Indianapolis, and found the perfect location at this home of 3309 E 146th St. I chose this location because of its very unusual position in relation to the rest of the residential community. My new home was once a small farm house that sat upon many acres of property, and a rural two lane road that was once 146th St. When the decision was made to widen 146th St to four lanes, the right of way had to be changed so that the living room of this home would not be within it! Once this occurred, this small family home became impractical for a family to live in. That is when the property was sold and bought by Marvin Taylor, a developer, who decided to create a subdivision on the land. The small farmhouse was left as is and made into Lot 12 of the new subdivision Taylor Trace. Because of its unique location, the only interested buyers were business owners who, like myself, envisioned a great opportunity to open a business. These buyers were denied because of their intentional use of a residential property. When I called Tucker Real Estate and asked if the seller would approve the use of this property of a small animal veterinary clinic, I was told that Marvin Taylor said, "As long as you don't put up a neon sign, 1 don't care what you do with it." Once I heard this, I proceeded with my variance. I spent the months of April, May, and June gathering the information required to apply for a use variance. The application went before the BZA on June 23rd, and was tabled due to some opposition from the surrounding neighbors. I spent the next month meeting with my neighbors and explaining in detail my vision for the clinic. Once they understood how small of an operation I intended, their concerns were addressed and only a handful of opposition remained. At the BZA meeting on July 26th, a letter was submitted by Donald Dunkerly to the City of Carmel in opposition of my request. Mr. Dunkerly owned the property on the west side, which is the corner lot of Carey and 146th St. His letter included the covenants and restrictions of Taylor Trace subdivision. This document contained a clause, which stated that all properties should be used for residential purposes only, and thereby excluding any business use. The variance was denied that evening. Mr. Dunkerly's letter stated that he was vehemently opposed to any use of all properties in this area other then residential. Several months later, his property was sold to a local church organization that intends to build a church on that lot. (Letter from Carmel Hope included). Since the July 26th meeting, I have retained the services of a real estate attorney who helped to change the covenants and restrictions so that I would be excluded from this clause. (Documents included). I am coming before the board once again to request the granting of this variance. The current covenants state that the house is not to be used solely for business, but for residential purposes as well. I have calculated the square footage of the house and determined that less than 20% will be used for clinic purposes. I am very grateful for the opportunity to bring my request to the BZA. I look forward to meeting you in person and explaining my vision for Furry Family in our community. Dr. Mary Wade Marcotte Findings of Fact Use Variance 1. The grant of this variance will not be contrary to the public interest, due to the existence of special condition(s) such that enforcement of the zoning ordinance will result in unnecessary hardship because the property shall be used for the benefit and service of the public. The vision of our veterinary clinic is to provide the highest quality of medical care for our client's pets, while maintaining an "at home feel." We believe that pets are part of the family and therefore wish to locate in a family oriented community. This property is an ideal location for a small animal clinic because of the need of the community, it's distance from competition, and location within a residential community. 2. The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community because this property will be used for the protection and well -being of the community. The property will be used to provide a service to keep animals within the area healthy, and therefore decrease the potential for animal human disease transmission. It's use will also provide a service of safety and health education related to the environment. 3. The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner because the exterior of the property shall maintain its appearance, and the property shall be kept neat including upkeep of the building exterior as well as the landscaping. 4. The need for the variance arises from a natural condition peculiar to the subject property because it is classified as a low to medium density area, and yet a large portion of the front of the property lies within the right -of -way of 146 street. This is a four lane freeway as stated in Chapter 6, page 4 of the Comprehensive Plan. A neighborhood serving commercial site should reside at the intersection of at least a principal arterial or parkway. This property is at the intersection of 146 St and Carey Rd. 5. The granting of this variance does not substantially interfere with the Carmel /Clay Comprehensive Plan because it is in accordance with the comprehensive plan for the following reasons: I. The property is in close proximity to the edge between residential community and regional employment (as seen on Map #1). It is stated in the Comprehensive Plan 1.1.2, "Transitions in scale and density should occur between residential communities and community /regional employment areas to facilitate maintenance of neighborhood stability. In areas where zoning changes are requested such transition shall be encouraged and considered as part of the approval process." A small town veterinary clinic operated out of a residence is a perfect transition from residential to commercial. II. The property will be maintained as a residence. It is stated in the Comprehensive Plan 1.1.1. "Commercial development within residential communities generally should occur only when the intensity and scale is compatible with the surrounding residential uses." As stated previously, the exterior of The house will be maintained, and there will be minimal traffic caused by this business as clients will be seen by appointment only. III. Under the neighborhood serving community policies, it is stated, "Neighborhood serving office and retail should be located in residential community areas. These uses should be of an intensity and scale compatible with the surrounding Residential uses." Statement of Use Variance: The proposed use of the property is to establish a small animal veterinary clinic within my home. The variance requested is for the use of the property, as it is currently zoned residential. The above picture is an aerial view of 146 St. Please note the proximity of the property in question to the areas currently in business use. The location for the new church of Carmel Hope is also indicated on this map. 33Ut E iLtfa4M- Statement of support: I. The house will continue to be used as a residence. (Please see the attached covenants and restrictions) 2. There will be minimal traffic caused by the business as clients will be seen by appointment only. The maximum amount of clients I intend to see in a day is 8. This means only 16 trips per day, which is only six more than a normal residence. The following is a letter of approval from Hamilton County Highway Dept: June 3, 2003 Mary Wade, D.V.M. 2222 Rippling Way North Indianapolis, Indiana 46260 RE: Furry Family Veterinary Clinic Use Variance 3306 East 146'" Street Clay Township Dear Ms. Wade: This letter serves to acknowledge receipt of a transmittal received 5/15/03 containing the plans for the above mentioned project. After reviewing the plans the Highway Department has the following comments: 1. A Commercial Drive permit will be required for the change of use. Please contact Mr. Robb Chadwell, Highway Department Permit inspector, for the necessary forms and information. 2. If traffic congestion becomes an issue at this location, the Highway Department reserves the right to close the median access to the drive at this location. The opening will not be closed until necessary conditions mandate the closure. 3. Please note that decorative signs, sprinkler systems, trees, landscaping mounds, fences, light poles or other such amenities are not permitted in the right of way. If you have any questions or comments concerning this letter, please feel free to contact me at anytime. Sincerely, Steven J. Broermann Staff Engineer cc: Jon Dobosiewicz Jenny Chapman Robb Chadwell G:`. USERS\ SB \031ac\0f}03- 03furryfamily.doc HAMILTON COUNTY HIGHWAY DEPARTMENT 3. No dogs will be boarded unless medically unstable for transport. Should they stay overnight, they will be within the center of the home, thereby reducing any potential noise problems. The neighboring properties are vacant, and therefore potential buyers will be aware of the use variance prior to purchase. The house to the west is now owned by a church group that intends to build on this property: CARMEL HOPE FELLOWSHIP Season's Greetings: At this very important time of year, our minds are drawn to an event that occurred two thousand years ago. As this story is told and retold in churches and homes around the world, we invite you to open your copy of The Birth of the Messiah and relive this wonderful story. If you enjoy this shortened version, call us to find out how to obtain a copy of the original book entitled Messiah. If you would like a more structured study of scripture, please call us for a free CD -ROM including a series of twenty -six Bible studies, a complete Bible, Strong's Concordance and many other books. This should be a valuable resource for years to come. The Carmel Hope Fellowship, a small group of Christian believers, is presently meeting in temporary quarters in Carmel. We recently purchased the property on the southeast corner of 146 Street and Carey Road. Our plan is to soon build a small church with a seating capacity of about 200. This will establish what we anticipate will be a permanent and attractive fixture on this important corner of our neighborhood. We want to be a helpful spiritual and social addition to our community, offering classes and other functions relating to your everyday needs, such as health, diet, and family issues. In the meantime, if you know of anyone in our neighborhood in need of assistance, please feel free to call us. During this wonderful season we wish you and your family a blessed holiday and a happy and healthy New Year. Carmel Hope Fellowship 4. The character of the home will not change, and so will continue to blend with its surroundings. 5. This will be a one doctor practice and therefore there will be a minimal flow of people entering and exiting the house. 6. The service oriented nature of this business will be of substantial benefit to the surrounding community. 7. The business is SUPPORTED by the comprehensive plan: 1.1.1 "Commercial development within residential communities generally should occur only when the intensity and scale is compatible with the surrounding residential uses." A veterinarian working out of no more than 20% of her home is the ideal use for this property. The following is an exert from the Carmel Comprehensive Plan: 1.1.2 Transitions, in scale and density, should occur between residential communities and community /regional employment areas to facilitate maintenance of neighborhood stability. In areas where zoning changes are requested, such transition shall be encouraged and considered as part of the approval process. 9u uuM A rem t i 4 h ARMS a _ilk ccoc ee1112154 Rsme+rra. rur+,urr AND cca„a.wI 11152.13214. e„arrar.R.a erEFLA{..t{OY APIA. City of Carmel Clay Township goet 8 ►'d(,`'' G.rn..., aBEa UL Dt COMMA M irnw DRQMITr recall me errr LOS DRe1121Y 0 as rcw Reg i one 1 Community Employment Areas As can be seen from the above picture, the regional employment area is highlighted in pink, as are the two business locations on 146 street. Take notice that my property lies between these areas, closer to the business zoned area than both existing businesses. 17 03 02:25p KENT J. SHIPLEY 2519086 SECOND DECLARATION OF AMENDMENT TO THE COVENANTS AND RESTRICTIONS OF TAYLOR TRACE 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 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 1 p.2 ,ov 17 03 02:25p KENT J. SHIPLEY 2 2519086 (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 146i 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 Ai 17 03 02:36p KENT J. SHIPLEY 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 NM B u Marvin Taylor, President STATE OF INDIANA SS: COUNTY OF HAMILTON My Commission Expires: My County of Residence: mom This instrument was prepared by Kent Shipley, Esq., P.C. 8455 Keystone Crossing Drive, Suite 125, Indianapolis, IN 46240. 3 2519086 p.1 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 instr unent as his voluntary act and deed as such officer for and on behalf of said corporation, for the uses and purposes therein set forth. L WITNESS WHEREOF, I have hereunto affixed my hand and Notarial Seal this 2 day of ll Ju _L 1 0.