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HomeMy WebLinkAboutApplicationDonahue -Wold, Alexia K From: Donahue -Wold, Alexia K Sent: Wednesday, March 07, 2012 4 35 PM - To: Blanchard, Jim E; Boone, Rachel M.; Conn, Angelina V; Donahue -Wold, Alexia K, Duncan, Gary R, Hancock, Ramona B, Hollibaugh, Mike P, 'John Molitor'; Keeling, Adrienne M, Littlejohn, David W, Mindham, Daren; Redden, Nick, Foley, Amanda J, Stewart, Lisa M; Tingley, Connie S; Thomas, John G, Barnes, David R, Martin, Candy; Mishler, Nicholas F Cc: 'vince blanchford @att.net'; 'Gina Blanchford' Subject: Docket No Assignment: (Docket #12030001 V) Valleybrook, Sec. 2, Lot 68 - Fence I have updated the file. I have contacted the petitioner and issued the necessary Docket Number for (V) Valleybrook, Sec. 2, Lot 68 - fence. It will be the following: (V) Valleybrook, Sec. 2, Lot 68 - Fence. The applicant seeks the following development standards variance approval: Docket No. 12030001 V Ordinance Chapter 25.02.01: fence height in front yard. The site is located at 13746 Deer Ridge Place. It is zoned S -1 and not located within any overlay zone. The minimum height for a fence in a front yard is 42 inches and the petitioner is requesting an 8 foot stamped concrete fence. Filed by Vincent and Gina Blanchford, owners. Mr. Blanchford can be reached at 317 -507 -6633 or vince.blanchfordc Jatt.net. Filing Fee: Development Standards Variance, Hearing Officer ($154.00) Total Fee: $154.00 Petitioner. please note the following: 1. This item does not need to be on an agenda of the Technical Advisory Committee. 2. Mailed and Published Public Notice needs to occur no later than Friday, March 16, 2012. Published notice is required within the Indianapolis Star. Note: the placement of a public hearing sign on the property is also required by the BZA Rules of Procedure, Article VI, Section 6 (see variance application). It is suggested to send the notice to the Indianapolis Star newspaper by Noon, two days prior to the printing deadline (317- 444 -7163 or email: publicnotices @indystar.com). Make sure the public notice meeting time sent to the newspaper and neighbors reads 5:30 PM, and the meeting location is the Caucus Rooms of City Hall. 3. The Proof of Notice (newspaper affidavit, green cards, etc.) will need to be received by this Department no later than noon, March 21, 2012. (Failure to submit Proof of Notice by this time will result in the tabling of the petition.) 4. The Filing Fee and Nine (9) Informational Packets must be delivered to BZA Secretary Connie Tingley no later than NOON, Friday, March 16, 2012. Failure to submit Informational Packets by this time will result in the automatic tabling of the petition. 5. This item will appear on the Monday, March 26th agenda of the Board of Zoning Appeals Hearing Officer under Public Hearings. (A representative must be present.) 6. The petitioner will need to provide a fully filled -out Findings -of -Fact sheet for each petition the night of the meeting for the Board's use (Sheet 8). On Ballot sheets, only fill out docket number, petitioner, and date (Sheet 7). Ballot sheets must be collated. 7. Either the Petitioner or someone representing the Petitioner must be present at the meeting for the item to be heard. If no one appears, it will be tabled to the next meeting. 8. Please refer to your instruction sheet, in the variance application, for more details. Department's preliminary review comments: petitioner, please complete the following: a) Please provide filled out and notarized placement of public notice sign affidavit. 1 b) Please provide proof of notice from the Indy Star. c) Please provide green signed return receipts from the certified mailings. d) Please make checks payable to the City of Carmel. e) Please provide a site plan that shows the distance the fence will be from the property line and from the drainage and utility easement. f) What color are you proposing for the concrete fence? g) A copy of this application has been sent to the Engineering Department as well for their review. Please let me know if you have any questions. Thank you, Alexia Donahue Wold Planning Administrator City of Carmel, DOCS One Civic Square Carmel, IN 46032 317.571.2417 awold@carmel.in.gov Please consider the environment before printing this e-mail 2 CITY OF CARMEL - BOARD OF ZONING APPEALS APPLICATION FOR DEVELOPMENT STANDARDS VARIANCE FEES: Single Family (Primary Residence) $297 for the first variance, plus $91 50 for each additional section of the ordinance being varied. All Other $1,177 for the first variance, plus $556 for each additional sectioruf the ordinance being varied. Or, see Hearing Officer Option & Fees. 151.}, 12 Oft`\ �� DOCKET NO DATE RECEIVED' �`? 1) Applicant: Vincent and Gina Blanchford Address: 13746 Deer Ridge Place, Carmel, IN 46033 2) Project Name: Engineer /Architect: Phone: Attorney: Phone: Contact Person: Vincent Blanchford phone: 317 507 -6633 Email: vmce.blanchford @att.net C 2t. Lec=A i.D 3) Applicant's Status' (Check the appropriate response) ‘j3 0r 1 t T X (a) The applicant's name is on the deed to the property (b) Tht IS 11'3 purchaser of the property. (c) Other- 4) If Item 3) (c) is checked, please complete the following: _5N'WLA1 LPZ/11OtJ Owner of the property involved: Owner's address. Phc, — S t) VIS OW5 5) Record of Ownership 4-00\ Q9-0PC`2 t'4 L P Deed Book No. /Instrument No 200400005137 cot--? Page. Purchase date: 11/14/2003 6) Common address of the property involved: 13746 Deer Ridge Place, Carmel, IN 46033 Legal description: Valleybrook Section 2 Lot 68 Tax Map Parcel No • 16 10 21 13 05 038.000 7) State explanation of requested Development Standards. Variance. (State what you want to do and cite the section number(s) of the Carmel/Clay Zoning Ordinance that applies and /or creates the need for this request) Per 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 in wooden fence with a 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. 8) State reasons supporting the Development Standards Variance: (Additionally, complete the attached question • • sheet entitled "Findings of Fact - Development Standards Variance"). Increased property value, increased sound barrier cohesiveness with neighborhood sign; no neighbors will have direct view of proposed fence; HOA approval of proposed fence; Similar gft fences already erected in rear yards along Gray Road. See attachments 9) Present zoning classification of the property. Residentail 10) Size of lot/parcel in question: 1.27 acres 11) Present use of the property: Residential Real Estate 12) Describe the proposed use of the property. Residential Real Estate 13) Is the property: Owner occupied X Renter occupied Other 14) 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, instrument no., decision rendered and pertinent explanation. See attached approval from the Valleybrook homeowners association 15) Has work for which this application is being filed already started? If answer is yes, give details No Building Permit Number Builder: 16) If proposed appeal is granted, when will the work commence? 4/30/2012 17) If the proposed variance is granted, who will operate and /or use the proposed improvement for which this application has been filed? The Property Owners Vincent and Gina Blanchford NOTE. LEGAL NOTICE shall be published in the Indianapolis Star 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: 1) CERTIFIED MAIL - RETURN RECEIPT REQUESTED sent to adjoining property owners. (The white receipt should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date ) 2) HAND DELIVERED to adjoining and abutting property owners (A receipt signed by the adjoining and abutting property owner acknowledging the twenty -five (25) day notice should be kept for verification that the notice was completed.) REALIZE THE BURDEN OF PROOF FOR ALL NOTICES IS THE RESPONSIBILITY OF THE APPLICANT The applicant understands that docket numbers will not be assigned until all supporting information has been submitted to the Department of Community Services. Applicant Signature: /// , Date The applicant certifies by signing this ap•.,.- - ion that , she has been advised that all representations of the Department of Community Services are advisory only and that the : pplicant should rely on appropriate subdivision and zoning ordinance and /or the legal advice of his /her attorney _. r. s rr i. Y, � s ;� ,is . � , - . _ I I # F Y I V n C V C 0 (In + J --.1111111::\111-:' 3 . 0 ......4.,., \ O O hn 73 J 11;411 Ilirriv_. _. . Q w ‘,......41. CONSULTING ENSERS JOB ID 1.43.68 . '�� ` °+ L A N D S U R V E Y O R S COM M¢48383 CLAS •• 14..11 9B6U Allaat1li.Rd•Rdrcn 6 46038 (31A 869-59]5 • 1-40-728-6917• 7/Y:(317)8191442 .w s GRAY ROAD E9].9- 07.6 339.80' P9i9 P 09.0 1 1S 0.61.NON-ACCESS,LANDSCAPE 6 6d+£EN 83 ESR. 1 Ta s0'8,L. - ) E 026 l/ c P03.3 t 2. 2135.6 / • JY I ^ P 41A—, 0 .i :b , hML =es m d , 1 jn ,• GAR. „. A� IN I 68163 0.00 „�• • •�• / aD E 96.6• nj N 38T�5 811.29• 1515• Y^y 90.0' 25.8Y = a•.-- �w_ �.3 ._.r / IjI _ _ _.. _ �'— _ __-_-_ €929 1 I / 1aU 15 D.an.E. 127.53•___mem Y — 3 t°7 ___.... _ D ' RIDGE.PLACE_ .� — =—,- ,1 e ,roj ENe P. \h.., T.C. 803,002 .--- - LOT 68 LEGER C TRADE(Won C8t!-ay VALLEY BROOK .. E 89,99 EW+"� �A.DE 1Mrs GONS.-) SECTION TWO P 99.96 PP0P89D 9-SA._-SUD-221P7NCE DRAM INST. #88071391_ SANRNtV s P.C. 15. SlldeB3'-86 s cO:NEC I ZON Sli S-1 n �`, + ,EN 10' MINIh4UM SIDE YARD //����//�/ —~ "j=7---..'Lr FUME 3O• M11S1MV►� AGGREGA'[E 11 �//J7/'�`-(� (I/� r STORM„NIMQE C/ { / Y/ ® cUNB war ,t,i/tuulut:hpry/ a� 08E NVOPFHr rj C •, J: TER• 8.611.E OANNAt•E 6C EASEVE s�IIF]Nr Uf EO �. Dtt NJ,NDSCAP6N ro Y _ No. SL.E 1099 uNOSUPE EASF/JEN - BOO.^n4-i 6TPT£OF 1' Sq. a P Ae� N D 89 U088�r. ., �p,T --v�``c 55.393 q• F7» °„KE A-TUAL LOCARO� 3UR LOT AREA: n t'^ 159 ix%more tat it Inn mice/o4 LK' •'HOLEY U MOLLY 140 -DONS 05-'WHO 70‘.1 O8. "0.0101110 BEFORE CALL THE-LAW .5544 1(13.30.S�OOd............................ 0x1.6 8Lti :xe3.................. ._ - 4.14 .11U 6,„v4/bti •! ATTACHMENT A POWER POINT PRESENTATION • Maps • Benefits • Photos of elevations • Proposed product example • Currently erected 8ft fences along Gray Road off •-cs ots O rD a' C r* rD O El) rD fD cn rD 1-0 rD O O O rD rD rD •.0 rD c n crta c cr rD rD O 1 r• rD o rD c O rD pi) c rcl rD 0 rD r: O rD rD cr rD rD '-i. PD rD 0 O rD 7d 1 5 rD a rD r cr Itz O rD rD O o ro r+ cn Pu rD 1 74 Cr rD 12) rD rD r3J 1-1 0 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. eiglie4 4i 4e, i/I /e a_ P rovi(Its 4:)r edce J meat`s Assoc. I1/a�L{ l71 is M a w/ a%(1.. .liar :•i.4 574 5- 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 PAGE 01 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 P.02 PAGE 02 Sep -22 -03 07:18P 88/28/195b 89:59 3177768621 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 PAGE 03 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. P.04 PAGE 04 Sep-22-03 O7:19P sa ru, J. J...11-1 U.S. 4J Jl f f f ODOG1 L.H.M. YNAmu ;t4 MSSUC. P. OS PAGE 05 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 P_06 PAGE 06 Sep -22 -03 07:20P 08/20/1998 09:59 3177768621 D.A.MAVNARD ASSOC. 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 PAGE 07 Sep -22 -03 07:20P 08/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC. 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 PAGE 08 Sep -22 -03 07:20P 08/20/1998 09:59 3177768621 D.A.MAYNARD ASSOC. 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 P.09 PAGE 09 Sep -22 -03 07:21P 88/28/1998 89:59 3177768621 P_10 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. P.11 PAGE 11 Sep -22 -03 07:21P 08/20/1998 09:59 3177768621 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 P_12 PAGE 12 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. P_15 PAGE 15