HomeMy WebLinkAboutPacket 03-26-12Docket No.:
Petitioner:
SECRETARY, CarmeUClay Board of Zoning Appeals
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
FINDINGS OF FACT DEVELOPMENT STANDARDS VARIANCE
200400005137
Vincent and Gina Blanchford
1. The approval of this variance will not be injurious to the public
community because:
We are simply replacing an existing
should not interfere in anyway with
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
Page 10 filename. development standards variance 2012 doc rev 12/28t2011
health, safety, morals and general welfare of the
fence on private property that
the public.
2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially
adverse manner because:
No adjacent properties have a direct view of the new fence and the new
fence is of a higher value and is more appealing that the existing
fence.
3. The strict application of the terms of the Zoning Ordinance to the property will result in practical difficulties in the
use of the property because:
the zoning ordinance only allows for a 42 fence
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Development Standards 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 20
Conditions of the Board are listed on back. Petitioner or representative to sign.
Nonce is hereby given that the Carmel/Clay Board of Zoning Appeals meeting on the 2bth day of
March 2012 at 5:30 t t.
pm in the City Half Council Chambers or Caucus Rooms (choose one),
1 Civic Square, Carmel, Indiana 46032 will hold a Public Hearing upon a Development Standards Variance application
(Explain your request- -see question numbered seven (7))
"er Section 25.02.01 of the Carmel Zoning Ordinance, fences located in the side or rear yard cannot exceed 6 feet in height.
We would like to replace an existing 42 inch wooden fence with an 8 foot stamped concrete fence. The new fence would
follow the existing fence line which is located between two rows of Norway spruces backing up to Gray Rd.
property being known as (address) 13746 Deer Ridge PI, Carmel, IN 46033
The application is identified as Docket No. 12030001 V
The real estate affected by said application is described as follows
Valeybrook, Sec. 2, Loi 68
Insert Legal Description)
All interested persons desiring to present their views on the above application, either in writing or verbally, will be given an
opportunity to be heard at the above mentioned time and place.
Vincent and Gina B anchford
PETITIONERS
NOTICE OF PUBLIC HEARING BEFORE THE
CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS
Docket No. 12030001 V
Page 7 filename de elopment s tandards ,anance 201 2 doc rev 12/28/2011
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Vince Blanchford
From:
Sent
To:
Cc:
Subject:
Vince, thanks for checking with the HOA Board. Subject to the caveat below, your request is approved and
we wish you the best (completed ahead of schedule and under budget!) as you start construction.
Sincerely,
Mark McKinzie
From: McKinzie, Mark
Sent: Friday, February 10, 2012 3:35 PM
To: 'Dewey Witte'; Damon Melcho
Cc: Ron Jobe
Subject: RE: Fence replacement at 13746 Deer Ridge Place
Damon,
1 have also checked the covenants and agree with Dewey, that as long as all applicable code and
regulations are adhered to and required permits applied for and obtained as to its placement and
construction, it is fine with me. I would suggest that unless Ron has another thought, that Damon get back
to Mr. Blanchford and respond on behalf of the HOA Board that we approve subject to the caveat above.
Thanks,
Mark
From: Dewey Witte
Sent: Thursday, February 09, 2012 5:08 PM
To: Damon Melcho
Cc: McKinzie, Mark; Ron Jobe
Subject: Re: Fence replacement at 13746 Deer Ridge Place
Damon:
Please let me know if you have any questions.
McKinzie, Mark <MMckinzie @rbelaw.com>
Saturday, February 11, 2012 5:19 PM
vince.blanchford att.net
dtmelcho @indy.rr.com; deweywitte @yahoo.com; rejobe @att.net
FW: Fence replacement at 13746 Deer Ridge Place
I do not have any issues with Mr. Blanchford replacing his fence. From the covenants for Valleybrook, Section
3.17 Fencing, it states "All fences shall comply with all regulations of the City of Carmel
Mr. Blanchford will probably have to obtain a fence permit from the City of Carmel and submit fence plans to
the City for review and acceptance, since the fence is along a property line and also a public street right -of -way
line.
After we hear from Mark and Ron, the board can send a response back to Mr. Blanchford.
1
Thanks,
Dewey
From: Julie Witte <.witte{a?a°
To: ieweywlttea7yahoo.cor
Sent: Thursday, February 9, 2012 4:58 PM
Subject: Fw: Fence replacement at 13746 Deer Ridge Place
Forwarded Message
From: Damon Melcho <cirrieici�cc dbrrngmt.net>
To: Vince Blanchford snchford
Cc: *VB Board -12- Witte, Dewey Julie *VB Board -12- Witte, Dewey Julie)" <'.dj witte.
McKinzie, Mark Katherine *VB Board -51- McKinzie, Mark Katherine)" "MckinzieC)rbc°
Ron Elizabeth *VB Board -7 -Jobe, Ron Elizabeth)"
Sent: Thu, February 9, 2012 10:31:29 AM
Subject: RE: Fence replacement at 13746 Deer Ridge Place
From: Vince Blanchford J mailto: vblanchford (o�waterstonemortgage.coml
Sent: Thursday, February 09 2012 8:39 AM
To: Damon Melcho
Subject: Fence replacement at 13746 Deer Ridge Place
2
Hello Vince,
I have forwarded your e-mail to the hest of the board so we can properly answer your question regarding
replacement of your existing fence.
Thanks,
Damon
*VB Board -51-
*VB Board-7-Jobe,
uamon,
This is Vince Blanchford at 13746 Deer Ridge Place, and our lot back up to Gray Rd. Over the last few years,
due to age, drought, etc, the spruce trees on our western property line have thinned out considerably causing a
significant loss of privacy, and increased traffic noise.
I would like to replace the 4 ft wood fence on that property line with an 8ft stamped concrete fence. I've looked
into building a masonry wall, but the costs for that are a lot more than I'm willing to spend on this. Our plan is
to put the new fence between the 2 rows of spruces exactly where the current fence is. This is modular
construction, so we'll be able to do this with minimal disturbance to the trees which is very important to us. I
think the natural stone in the example below would match pretty well with the neighborhood sign and the
surrounding area.
This would add significant value to my property and I think be positive for the neighborhood as a whole.
I'm open to other ideas to fix the privacy /traffic noise problem, but think this is a pretty good solution.
What would the process be for getting something like this approved?
Sep -22 -03 07:18P
08/20/1998 89:59 3177768621 D.A.MAYNARD ASSOC.
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8911932
DECLARATION Of COVENANTS, CONDITIONS, AM RESTRICTIONS
THIS DKCLARAT1I0E, aide on the data hereinafter •et forth by
DUGAtl t MORRIS DEVELOPMENT CORPORATION, hereinafter referred to
as D.clarant'.
Vt
MITNESSETH1
WHEREAS. Declarant to the r.wnet of certain property in
Hamilton County, State of Indiana. which is more particularly
described on Exhibit A attached hereto and made a part hereof
NOW THRR810 RE, Declarant hereby declares that such property
shall be held, sold, and conveyed subject to the following
easements, restrictions, covenants, and conditions. which are for
the purpose of protecting the value and desirability of. and
which shall run with, the propel and be binding on all parties
having any right, title. or interest in any part thereof. their
heirs. sueceasors, and assigns, and shall inure to the benefit of
each owner thereof.
8ecticn 1.01. Definitions.
ARTICLE 1
MEMBERSHIP
(a) "Association" shall mean and refer to Valleybroolc
Property Owners Association, InC., an Indiana not-for-prom
corporation, its aucceasors and assigns.
(b) "Owner" shall mean and rater to the record owner.
whether one or more peruona or entitles, of a Fee simple titlq t..
s .y Lot which ie n part of the PLopartiee. including contract
•eiler>a. but excluding thome havLnq much interuat mmr.;ly as
mecurity °or the peirtormance of an oUligation.
(r) "Pcn]ect" anal! moan and r.f.►r to that t. rt.s&i rtt.11
vruhatly ruamvetly ku•,wn .ts Valluybriwl 1,. ILuailt.u. i :.�uut,.
1.1.1 tr i.n)411( ts.us :llu••1 to .5tn'.1•.lr ,••t,:114•1.
1.1 C.& 1 .•1 11 t m.t h L. ti 5
y u•1u� .ttlt,...
P.01
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Sep -22 -03 07 :18P
08/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC.
(d) "Lot" shall moan and refer to any plot of land shown
upon any recorded subdivision map of the Properties.
(e) "Declarant" shall mean and Teter to Dugan Morris
Development Corporation, its succereors and assigns if such
successors or assigns should acquire more than one undeveloped
lot trom the Declarant for the purpose of devalnpment.
(t) "Plat" ahall mean and refer to plat of the Valleybrook
subdivision as recorded in Plat Book page in the
Office of the Recorder of Hamilton County, Indiana.
(g) "Properties" shall m:an Lots 1 through 613 in
Valleybrook, Sections 1 and 2. as recorded in Plat Book
page in the Office of the Recorder of Hamilton county.
Indiana.
Section 1.02. Membership And Voting Rights.
(a) Every owner of a Lot which is subject to assessment
shall be a member of the Association. Membership shall be
appurtenant to and may not be separated from ownership of any Lot
which is subject to assessment.
(b) The Association shall have two (2) classes of voting
membership:
Class A. Class A members shall be all Owners, with the
exception of the Declarant, and shall be entitled to one (1) vote
for each Lot owned. When more than me person holds an interest
in any Lot. all such persons shall be members. The vote for such
Lot shall be exercised as they determine, but in ao event shall
more than one (1) vote be cast with respect to any Lot.
Class 8. Class a member shall be the Declarant and shall
be entitled to three (3) votes for each Lot owned. The Class 3
membership shall cease and be converted to Class A membership on
the happening oC either or the following events, whichever occurs
earlier:
A. When the total votes outstanding in the Clans A
798 '3
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Sep -22 -03 07:18P
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D.A.MAYNARD ASSOC.
membership e.e•.al seventy -five per cent (7':l) of the
total votes outstanding in the Cleats b membership,
or
B. OA Jaquary 1, 2002.
!a) Change of membership in the Association shall be
established by recording in the public records of Basile**
County, Indiana, a deed or other instrument estsolishing a record
title to a Lot in the Project and the delivery to the Association
of a certified copy of such inatrumeat. The owner designated by
each iostrvret thus Deanne.* a .eager of the Association and tree
Iseeber *hip of the prior owner is terminated.
id) The share of a member in the funds and assets of the
Association cannot be assigned, hypothecated. or transferred in
any canner except as an appurt.nence to his Lot.
(e) If a Lot is owned by more than one parson, or is
under lease, or la owned by a corporation, partnership, joint
venture, or other entity, the designation of voting
representative shall be made and such voting representative for
purposes of this Article shall be considered to be the 'member."
ARTICLE 2
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 2.01. Creation of the Lien and Personal O blgation
of Assessments. The Declarant, for each Lot owned within the
Properties, hereby covenants, and each Owner of any Lot by
acceptance of a deed therefore, whether or not it shall be no
eaprenaed in ouch deed, is deemed to covenant and agree to pay to
the association: (a) annual atinescments or charges, and (b1
special aasesamenta for capital improvements. such aseeasme nts to
oe established and collected a:. hereinafter provided. The annual
and special assessments, together wAth antereeat, coats, and
reasonable attorney' ei teen, shall be a charge on the land and
shall be a continuing lle:n upon the property againJt whi :h e•.ecle
such a4lAeagme :.it Au made:, F:ACh e:uch .e.uaumenl., loge:lh.:r with
intetre t.t, CU1:9 owl r''.Nedn.IlJ1#' ,i' urns y'.. ,hell Al
P.O3
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Sep -22 -03 07 :19P
08/20/1998 09:59 3177768621
personal obligation of the person who was the Owner of such
property at the time when the assessment fell due.
Section 2.02. Purpose of Aaaeaasieate. The a.s■ ■wants
levied by the Association shall be used exclusively to psosote
the reerastLon, health, safety, and welfare of the residents in
the Properties and for the improvement and maintenance of any
portion of the Properties for which responaibLlity Ls given the
Association by this Declaration.
Section 2.03. Maintenance by the Association. The
Aaa4Qiati0n shall provide maintenance of the Detention Pond
located on Lots 22, 23, 24, 25, 26, and 27 of the Properties, the
bridge over the creek, the protect identification sign located at
the sutra ace to the Project, dual( to dawn lights in front yards,
and'such other matters an the Association deems necessary by a
vote of two thirds (2/3) of all of its membership.
section 2.04. Maximum Annual Assessment, Until January 1
of the year immediately fallowing the conveyance of the first Lot
to an Owner, the aaxlmum annual assesament for Class A members
sba1L be One Hundred Fifty Dollars ($150.00) per year.
A. prom and after January 1 of the year immediately
following the conveyance of the first Lot to &n Owner,
the maximum annual assessment may be increased each
year not more than five percent (511) shove the maximum
assessment for the previous year without a vote of the
membership.
B. From and after January 1 of the year immediately
following the conveyance of the first Lot to an Owner,
the maximum annual assessment may be increased above
five percent (5%) by a vote of two- thirds (2/3) of each
class of members wno are voting In person or by proxy,
at a meeting duly called fur this purpose.
C. The hoard of Directors may iix the annual ,11;titssmunt at
an amount not fn exennu of the +maxlmwn.
D.A.MAYNARD ASSOC.
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Sep-22-03 O7:19P
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L.H.M. YNAmu ;t4 MSSUC.
P. OS
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Section 2.05. Notice and Quorum for Any Action. Written
notice of any meeting called for the purpose of taxing any action
ahali be sent to all members not less than thirty (30) days nor
more than sixty (6U) Mays in advance of the meeting. At the
f i r s t such meeting Called, the presence of members or of proxies
entitled to cast sixty percent (60%) of all the votes of each
class of membership shall constitute a quorum. If the required
quorum is not present, another meeting may be called Subject to
'se same notice requirement, and the required quorum at the
subsequent meeting shall be one -half (j. /2) of the required quorum
at the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding meeting.
Section 2.06. Uniform Hate of Assessment. Annual
assessments must be fixed at a uniform rate for all Lots and may
be collected on a monthly basis.
Section 2.07. Date of Commencement of Annual Assessments,
Due Dates. The annual assessments provided for herein shall
commence as to each Lot on the first day of the month following
the sale of each Lot by Declarant. The first annual assessment
shall be adjusted according to the number of months remaining in
the calendar year, The Board of Directors shall fix the amount
of the annual assessment against each Lot at least thirty (30)
days in advance of each annual assessment period. Written notice
of the annual asscsa:metnt shall .,e sent to every Owner subject
thereto. The due dates shale be established by the Bc.ard of
Directors. The AAsociat:on shall, upon demand, and for a
reasonaole charge, Cornish a certificate signed Sy an officer of
the Association setting forth whether the assessments on a
spec. i ied Lot have been paid. .4 property .'i :ecuted certificate of
the Association as to the status of as.essments cn a Loc is
binding upcn the Association as of the date of its issuance.
Sep -22 -03 07:19P
08/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC.
Bectio9 2 !fleet of Nonpayment of Assess$eatai 1temedies
of the Aesockb tion. Any assessment not paid within thirty (30)
days after the due date shall bear interest to the due data at
the to to of three percent (at) above the prime rate of interest
being charged by Merchants National Bank i Trust Company of
Indianapolis, Indiana. The association may bring an action at
law against the Owner personally obligated to pay the same.
including an action to foreclose the Lien against the property.
No Owner may waive or otherwise escape liability for the
assessments provided for herein by abandonment of his Lot.
(action 2.0 Subordination of the Lisa to Mortuaries.
The ilea of the assessments provided for herein shall be
subordinate to the lien of any i:cat mortgage. Sale or transfer
of any Lot shall not affect the assessment lien. 8owever, the
sale or transfer of any Lot pursuant to mortgage foreclosure or
any proceeding in lieu thereof, shall extinguist, the lion of such
assessments as to payments which became due prior to such aale or
transfer. No sale or transfer shall relieve such Lot from
lie oitity for any assessments thereafter becoming due or from the
lien thereof.
Section 3.01. No structure shall be erected. altered,
placed or permitted to remain on the real estate described herein
other than a one single family dwelling and private garage. No
residence or dwelling shall be constructed on said real e,tati
unless *ucn residence, escluoive of open porchea and attached
garages, shall have a groind floor area oc at least 2,80u :square:
feet, it it is a one -story structgre, or 1,600 square: ceet an tn.
gcound floor, if it is a higher structure, an* in thu cJ ote oe .a
building higher than one story, there shall be at least total
of 3,UL+U Kquore tcet. All dwellings shall have 4* .e mLl tfmJm. .a
two 12) car gulags..
ARTICLE III
GENSPAL PROVISIONS
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Section 3.02. No building structure shall be erected in
this subdivision between the building linos and the property line
of the streets as shown on L :`e Plat nor shall there be erected
any structure closer to the side of a Lot than 10 feet. Where
buildings are erected on more than a single Lot this restriction
shall apply to the side lines of the extreme boundaries of the
multiple lots.
Section 3.03. No trailer, tent, shack, basement, garage,
barn, above ground storage tank, or ocher outouilding or
temporary structure shall le used for temporary residential
purposes on the property, and no goat, trailer, recreational
vehicle, truck larger than 3/4
ton pick -up, or camper of any kind
(including, but not in limitation thereof, house trailers,
camping trailers and boat trailers) shall be kept or parked upon
said lot except within a garage.
Section 3.04. No structure oc any kind on said real
Jstate shall be used tor the purpose of carrying on a buainea s,
crane, or profession, no shall anything be done thereon which
shall be or become a nuisance to the neighborhood.
Section 3.05. No poultry or farm animals shall oe raised
or maintained on the property. This restriction shall not
prohibit a resident from keeping a household pet or bird. All
dogs shall be kept on a leash and under the control of its owner,
or in a fenced area which utilizes chain link fencing and top and
oottom railings. This fenced area mast also comply with ti
req.tirementa set forth in other paragraphs herein.
Section 3.06. Tt is the intent of t.e Declarant that all
natural vegetation ue maintained in the same manner and conditicn
as before any construction. Thoretoce, there shall be no removal
of trees ‘.hieh have a uiam..tcr of morn than six (6 "f inches
P.07
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unless approved by the building committee. Further, there shall
be no earth removal or changing of the terrain without approval
of said committee.
Section 3.07. There shall be no continuous or permanent
on- street parking within the project.
Section 3.08. The duty and right to review, inspect,
approve or reject any and all plans and specifications for
construction of any type of house or building, proposed for
construction by any property owner prior to commencing any
conat.ructton shall rest with a building committee which shall
initially consist of one (1) member, who shall oe James Dugan.
The ouilding committee may, by u majority vote of its members,
add additional members to the ommittee. No res.idenoe, garage,
servants quarters, driveway, fences, swimming pools, mail box, or
other structure of any ;rind shall be constructed on said site
without the prior written approval of the building committee.
Elevation plans, plans for landscaping, and any other data or
information rhar may be eequested, shall be submitted to the
building committee tot its approval. All modifications and
additions of all types to any structure or improvement, whether
such modification or addition is to occur oetore or :otter initial
approval of the residence, must be submitted to and approved by
the building committee. The majority of said membois shall
constitute a quorum for approval or disapproval of any plans
suonitted, and the decision of the majority shall be final.
Construction shall be completed within ten t10) months of
commencement, but not )ester than eighteen 118) months ati:er
approval. No charges shall ba made to any lot owner of any real
estate in the area for e:.emination of and action upon the plans.
In the event or. the death, di.:abLlity or resignation of any of
said member:, tale remaining members shall uelect the Zuccessor or
successors .c fill the vacancy or vacancies.
P.08
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Section 3.09. No parcel of land shall be re- divided
into a smaller parcel or parcels.
Section 3.10. All owners of lots shall belong to the
Vallaybrook property Ownera Association and shall be governed by
the By -Law, of such Association.
Section 3.11. Any structure that i. externally damaged
by fire, tornado, or other disaster shall be repaired or removed
within six (6) months of such occurrence.
Section 3.12. There shall be no storage buildings.
barna, or other outbuildings on any lot within the subdivision
without t1.e prior written approval of the building commitee.
Section 3.13. The right to enforce the provisions,
restrictions, an covenants set forth within. by injunction.
together with the right to cause the removal by due process of
law of structures erected or maintained in violation thereof. is
hereby dedicated and reserved to the owners of the several lots,
their heirs or assigns who shall be entitled to such relief
without being required to show any damage of any kind to any such
owner or owners by or through any such violation or attempted
4iolation.
Section 3.14. Each lot shall henceforth be encumbered
by a blanket temporary easement for the purpose of installation,
maintenance. and upkeep of the drainayeways and sub surface
dr as, with this blanket temporary easement being sups' mentary
to the easements depicted on the Plat of Valleybrook.
V
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D.A.MAYNARD ASSOC. PAGE 18
Section 3.15. All residence anon be required to 3.natall
and maintain a hard uurface driveway or driveways which shall be
composed of Dither concrete, asphalt, or lixu material.
Section 3.1 6. No trash .shall be put out for pick -up by a
disposal service except on the day it is to Da ',Jelled up by such
service.
Section 3.17. All fences shall comply with all
regulations of the City of Carmel.
Section 3.18. There are strips of ground as shown on the
Plat end marled Drainage and Utility Easement, reserved for the
use of public utilities for the installation of water and sewer
mains, poles, ducts, lines and wires, subject at all times to the
proper authorities and to the easement herein reserved. No
permanent or other structures are to be erected or maintained
upon said strips of land, nut owners of Lots in this subdivision
shall take their titles subject to the rights of public utilities.
Section 3.1 All Lots in this subdivision are reserved
for residential use, and no building other than a one-family
re::ide nee or Structure or facility accessory in use thereto shall
oe erected theraon.
Section 3.20. No fence shall be erected in this
subdivision between the building lines and the property line of
the street, as shown on the Plat, except with the approval of the
Declarant, wilier' fences shill not exceed 42 inches tn height and
shall be of a decorative nature. No fence shall be installed in
any storm water, retention, oe detentt'n areas.
,''•a
1
Sep -22 -03 07:23.P
08/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC.
Section 3.21. In the event storm water drainage from any
Lot =lows across anuthcr Lot, provision shall be made to permit
each drainage to vontinue. without restriction or recitation.
across the downstream Lot and into the natural drainage ciannel
or course, even though no specific drainage easement fur such
flow of water is provided on said Plat.
Section 3.22. Outlets for sump pump water will be
provided for each Lot in this suodivi:ion uy the Declarant or
home huildei at the time of Lot development. If during
excavation of the foundation for crawl space or casement, ground
water is encountered, or if the house location is in an area of
hsgh water table (as par Hamilton County Surveyor or City of
Carmel), an outlet will oe provided directly to a storm sewer or
approved open ditch with plastic pipe. The route of outlet will
ae via platted easements and approved by proper agencies. Where
a et.:rm •ewer eXidts on or directly adjacent to a subject Lot,
all Sump pumps shall ti,: directly to storm fewer via underground
oipe. Lots not located in an area of high water table may outlet
sump Gump water in the rear yard, no closer than 25 fact from
established Lot lines or platted easements.
Section 3.23. Constcecttoo of any sump pump outlet will
commence only when appropriate construction plans have peen
suomitted and approved by the proper agencies and applicable
permits issued from the Local building authority. Where
construction will be in established drainage and /or utility
easements. approval mu,it be obtained Cram City of Carmel or
Hamilton County Surveyor. The maintenance of drainage pipes aad
fac►lt:i�. lot discharging sump pumps shall oe the responsibility
of the individual nomeowner and /or the Association.
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D.A.MAYNARD ASSOC.
Sectiann 3 Geo- thermal heat pumps shall be ct the
closed loop :ype only.
Section 3_:5. No noxious, unlawful, or other offensive
activity shall be carried out on any Got in this subdivision, nor
shall anythiae oe done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
Section 3.2E. All Lot owners will be required to have
installed at least one gas or electric 'dunk to dawn" yard light
in the front yard. Such lights are to be installed by the
developer or builder prior to final inspection by the Carmel
Department of Community Development. All garages opening to the
street shall have automatic door controls.
Section 3.27. No Lot in this subdivision shall be used or
maintained as a dumping grou4d for rubbish, trash, garbage, or
other waste, and such matter shall ne kept in sanitary containers.
Trash shall not be burned.
Seetion 3.28. Let owners, upon taking title, agree to
waive all rights to oppose future zoning changes and special
permits necessary to complete the Master Plans of VALLEYBROOK
SUBDIVISION.
Seetion 3.29. It shall be the duty of the owner of each
Got in the subdivision to keep the grass on the Lot properly cut
and to Keep the Lot ,free from w.teds and trash and otherwise neat
and attractive in appearance. Should any owner fail to do so
then the Declarant may talce sucn action as it deems appropriate
in order to mace the Lot neat and rttractive and the owner shall
.ipon demand ceimbursa Declarant for the expense incurred in so
Joint.
v/0/3c
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se p-22-03 y 35 22P
tl 177768621
D.A.MAYNARD ASSOC.
Section 3.30. All garbage and trash cans and receptacles
and woodpiles shall be aereaned.
Section 3.31. There shall be no outside TV dishes larger
than 3 feet in diameter. There shall be no outside TV antennas.
Section 3.32. There shall be no gravel yards.
Section 3.33. No Lot which does not have a completed
residence constructed thereon may be remold without the approval
of the Declarant.
Section 3.34. All streets shown on the Plat are hereby
dedicated to the public.
Section 3.35. No te:init court shall be constructed on any
Lot without the prior written consent of the building committee
as that committee it described in Section 3.08. No basketball
court shall be constructed which shall have the ba aketbati goal
closer to the atreet than the front door of the house. No
at ve ground pools shall tie construr-tod. No permanent outdoor
clothes line shall be constructed.
Section 3.36. The Association anal' be responsible ter
the maintenance of the entrance sign to Valleyb:ook and the grass
and landscaped areas in Block "A
P. 13
PAGE 13
Sep -22 -03 07 :22P
18/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC.
The foregoing Restrictions Aha11 run with the land until
January 1, 2011, and for additional ten (10) year periods
thereafter. However, a release executed by at least seventy -five
percent (75%) of the owners of lots in the subdivision, submitted
in writing within thirty (30) days prior to the end of any
extension, will release the restriccion;,.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has hereunto set its hand and seal this —r day of fa.ve
1989.
1909.
DUGAN a MORRIS DEVELOPMENT
CORPORATION
Sy: A
MeS Dugan, elSident
ey:
men Mortise, Secr etary
STATE OF INDIANA
SS;
COUNTY OP A+.+,c+.+J
Bc.:ore me, the undersigned. a Notary Public, in and for said
County and State, personally appeared James Dusan and James
Morris. of DUGAN MORRIS DEVELOPMENT CORPORATION, and
acunowlcdged the execution of the foregoing Declaration of
covenants, Conditions, and Restrictions to be their voluntary act
and deed.
Witness my hand an notarial seat this .i"co. Jay of
2 t a4:e/. It tort f
Notary Public
/a/dX(',.o i4'- f):ry er
e• .•r�• Printed
Residing in .091.091,4 91,4 County.
5r t Indians
My;Cefcmi scion e.cpi cea:
This instrument was prepared by Stephen A. Harlow, Attorney at Low,
HARLOW, WRIGHT CRAIG, P.C., 9000 Keystone Crossing, Suite 730,
Indianapolis, Indians 4t240.
14 5 /fg
P.14
PAGE 14
Sep -22 -03 07:22P
08/20/1998 09:59 3177768621
Lots 31 through 6Y is Vellsybrook section 2, ass recorded
PC S/.,/t
is -I 114e -L911 3 0 to the office of the Recorder
of gaiilton County, iadiene
SXR1BIT
D. A.MAYNARD ASSOC.
TM mshuaseM Worded Vol
mow: x Chary.d..wdr r'an :u.
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