HomeMy WebLinkAboutApplicationHAMILTON COUNTY~ INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
DOCKET NO.
1) Applicant: Comnanion Animal Hoseital
2)
3)
DATE RECEIVED:
Address: 180 E. Carmel Drive, Carmel, Indiana 46032
Project Name: Companion Animal Hosoital
Engineer/Architect: Schneider/Curran
Attorney: Mark T. Monroe
Phone: (317) 849-0049
Phone: (317) 826-7276/(317] 502-3360
Phone: (317] 580-4848
Applicanfs Stares: (Check the appropriate response)
__ (a) The applicant's name is on the deed to the property
x (b) The applicant is the contract purchaser of the property
__ (c) Other:
4)
5)
6)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved:
Owner's address: Phone:
Record of Ownership:
Deed Book No./Instrument No. 9020422 ~'
Page: Pumhase date: 1990
Common address of the property involved: Southwest comer of Carmel Drive and Guilford Road
Legal description: Lot 4, Block 11, Cannel Science and Technology Park
Tax Map Parcel No.: 16-09-36-00-02-009.000
7)
State explanation of requested Use Variance: (State what you want to do and cite the section number(s) of the
Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal).
Petitioner seeks use variance aooroval to establish a veterinarian office facility with an indoor and outdoor medical
observation area.
Page 1 of 8 -- Use Variance Application
e vetermanano ~ce acl lty wi e constructed-'~-'b-~Td~patl e wi a lacent an uses.
9)
1o)
11)
12)
Present zoning of the property (give exact classification): M-3/Manufacturin~,
Present use of the property: Vacant
Size of lot/parcel in question: 3.5 acres
Describe the proposed use of the property: veterinarian office facility with indoor and outdoor medical observation area.
Periodically, animals receiving medical care will be walked on leashes in the outdoor medical observation area.
13)
14)
Is the property: Owner occupied
Renter occupied
Other Vacant
Are there any restrictions, laws, covenants, variances, special uses, or appeals filed in connection with this property that
would relate or affect its use for the specific purpose of this application? If yes, give date and docket number, decision
rendered and pertinent explanation.
No
lS)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number:
Builder:
If proposad appeal is granted, when will the work commence?
As soon as possible.
17)
If the proposed appeal is granted, who will operate and/or use the proposed hnprovement for which this application has
been flied?
Companion Animal Hosnital. Anthony R. BuzzeRi. DVM and all subsequent owners of title and their lessees and
assignees.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Led~,er a MANDATORY twenty-five (25) days prior to the
public hearing date. The certified "Proof of Publication" affidavit for the newspaper must be available for inspection the night of
the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY, two methods of notice are
recommended:
AFFIDAVIT
I, hereby swear that I am the attorney for the applicant involved in this application and that the foregoing signatures, statements
and answers herein contained and the information herewith submitted are in all respects true and correct to the best of my
knowledge and belief.
Signed:
Mark T. Monroe
Attorney for Companion Animal Hospital
STATE OF INDIANA
SS:
COUNT OF HAMILTON
Before me the undersigned, a Notary Public for Hamilton County, State of Indiana, personally appeared Mark T. Monroe and
acknowledge the execution of the foregoing instrument this71~' day of April, 2004.
(SEAL)
Notary Public--Please Print
My commission expires:
COMMITMENT CONCERNING THE DEVELOPMENT
AND USE OF REAL ESTATE
In accordance with I.C. § 36-7-4-900 et seq., the undersigned, Murph-Smurph Corporation,
the future owner (the "Owner") of the following described real estate located in the City of
Cannel, Hamilton County, Indiana, makes the following Commitment Concerning the
Development and Use of Real Estate ("Commitment") to the Cannel/Clay Board of Zoning
Appeals ("BZA").
1. Description of Real Estate.
See Exhibit A (the "Real Estate").
2. Docket No. 04040018 UV.
3. Statement of Commitment.
The outdoor fenced area depicted on the plans on file with the Department of Community
Services ("DOCS") will only be used for the medical observation of animals. No animal
will be allowed outside of the fenced medical observation area, unless being transported
to its owner or by its owner offofthe Real Estate. No more than five (5) aniraals will be
walked at a time within the medical observation area and if an animal within the medical
observation area barks so that it may be audible to adjacent property owners, it will be
muzzled until it is returned to the veterinarian office building. The veterinarian office
building wil__ll only board anlm~al~ for e/h~p_urpo?~.
4. Binding on Successors & Assigns: This Commitment is binding on the Owner, each
subsequent owner of the Real Estate and each other person acquiring an interest in the Real
Estate, unless modified or terminated by the BZA. This Commitment may be modified or
terminated only by a decision of the BZA made at a public hearing after notice has been
provided pursuant to the rules of the BZA.
5. Effective Date.: This commitment shall become effective upon the approval by the BZA
of the Variance of Use application filed under Docket No. 04040018 UV and the recordation
of this document in the Office of the Recorder of Hamilton County, Indiana.
6. Recording: The undersigned authorize the Secretary of the BZA or the Director of
DOCS to record these commitments in the Office of the Recorder of Hamilton County,
Indiana.
Commitment Concerning Development and
Use of Real Estate
Murph-Smurph Corporation
Page 2 of 2
7. Enforcement: The BZA and DOCS may eifforce this Commitment.
Murph-Smurph Corporation
By:
Anthony R. Buzzetti
President
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON )
Before me, a Notary Public, in and for said County and State, personally appeared
Anthony R. Buzzetti, President of Murph-Smurph Corporation, and acknowledged execution
of the foregoing Commitment.
Witness my hand and Notarial Seal this day of ,2004.
My Commission Expires:
Residing in
Notary Public
County
Printed Name
This instrument prepared by Mark T. Monroe, Attorney-at-Law, Drewry Simmons Pitts &
Vomehm, LLP, 8888 Keystone Crossing, Suite 1200, Indianapolis, Indiana, 46240.
ANIMAL
L i CLINIC
Dr. Anthony Bu~zetti D.V.M. · Dr. Sheryl Johnson D.V.M.
Companion Animal Hospital is excited to announce we have plans to build a new
state of the art facility in Carmel. As our current neighbor and friend, we are asking for
your help in the development process. There has been some concern over the possibility
of noise being an issue to our new neighbors. If you feel that Companion Animal
Hospital has not been a noise nuisance, please help us by signing your name and business
name below.
We thank you for your support.
Sincerely,
Companio]
180 E. Carmel Drive ,, Carmel, IN 46032
317.8~4.0049 317.844.0245 fax
Docket No.:
Petitioner:
CARMEL BOARD OF ZONING APPEALS
CARMEL, INDIANA
Companion Animal Hosnital
FINDINGS OF FACT - USE VARIANCE
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:
A veterinarian office is not a permitted or special use within the M-3/manufacturim, district.
The grant of this variance will not be injurious to the public health, safety, morals and general welfare of the community
because:
The veterinarian office facility will be constructed to be compatible with adjacent land uses.
The use or value of the area adjacent to the subject property will not be substantially affected in any adverse manner
because:
The veterinarian office facility will be constructed to be compatible with adiacent land uses.
The need for the variance arises from a natural condition peculiar to the subject because:
The veterinarian office facility is not a permitted or soecial use within the M-3/manufacturino district.
The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan because:
The veterinarian office facility will comnlement the other commercial and residential uses in the area.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use Variance Docket No.
is granted, subject to any conditions stated in the minutes of this Board, which are incorporated
herein by reference and made a part hereof.
Adopted this __ day of ,2004.
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
Docket No.:
Petitioner:
2.
3.
4.
5.
CARMEL BOARD OF ZONING APPEALS
Carmel, Indiana
Companion Animal Hospital
FINDINGS OF FACT - USE VARIANCE (Ballot Sheet~
DATED THIS DAY OF ., 2004.
Board Member