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HomeMy WebLinkAboutFindings of Fact CARMEUCLAY BOARD OF ZONING APPEALS FINDINGS OF FACT-SPECIAL EXCEPTION Docket No.: 14020014 SE ZO CH 25.13 Special exception in Residential Districts Petitioner: JB Towers. LLC 1. The approval will not be injurious to the public health, safety, morals, and general welfare of the community, in relation to Ordinance, Section 21.3(1-26)concerning the special exception because: See Attached sheet 2. The use and value of the area adjacent to the premises under consideration will not be affected in a substantially adverse manner because: The use will remain the same.JB Towers is hiding the tower in the trees away from the pool and tennis courts. 3. The need for the special exception arises from the applicant's responsibility to provide public utility service, and not from any condition peculiar to the premises under consideration because: N/A It is in the Carmel Zoning Ordinance that a Special Exception must be filed to build a tower on property zoned S-2. 4 It will constitute an unnecessary hardship for the applicant if the special exception is denied, in that there are no existing or approved towers or other structures in the vicinity of the premises under consideration which would be suitable for the collation of the equipment that the applicant needs to locate in such vicinity,having regard to the following factors (a) Whether the needed equipment would exceed the structural capacity of such existing or approved towers or structures, as documents by a qualified professional engineer, and whether such towers or structures could be reinforced,modified,or replaced to accommodate the needed or equivalent equipment at a reasonable cost (b) Whether the needed equipment would cause interference materially impacting the usability of existing or planned equipment at such existing or approved towers or structures,as documented by a qualified professional engineer, and whether such interference could be prevented at a reasonable cost N/A...There are no existing towers within a mile and a half radius. See attached maps 5 The approval of the special exception does not interfere substantially with the Comprehensive Plan,in that there are no alternative sites suitable(having regard to the factors listed above in item 4 for the equipment that the applicant needs to locate in the vicinity which are located either in Business, Industrial,or Manufacturing Districts,or on property outside of the jurisdiction or otherwise exempt from the requirements and procedures of the Zoning Ordinance because: Communication towers are allowed in 5-2 zoning through Special Exception.There currently isn't any tower close enough to full fill the coverage and capacity needs for residents of this area. DECISION Yes No: The Board has reviewed the requirements of Ordinance,Section 21 04.02 as they relate to this Special Exception,and does not find that those criteria prevent the granting of the Special Exception. IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Exception Docket Number /190,2 OO/9 S E, 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 4 �<<" ,20)� 9494' ii- CI 4I PERSON,Carmel Board of Zoning Appeals SECRETARY, Carmel/Clay Boar. •f Zo i g Appeals Conditions of the Board are listed on the back. (Petitioner or his representative to sign). A r--n,/ I 69 t,�.ti44. r)-0--I,e4..' - mss}a C:.4,-mac-.-s hA P14 ;ma c', 0 f 41 kvivvi , i. CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE Docket No.: 14020015 V ZO CH 25.13.i Min setback 250'. 125' requested from North and South and 100' from West Petitioner: JB Towers, LLC 1. The approval of this variance will not be injurious to the public health, safety, morals and general welfare of the community because: Increased cellular coverage/capacity will help the public health, safety,morals and general welfare because greater access will provide reliable phone service which is extremely important in time of emergencies and natural disasters.JB Towers will also provide space on the tower for police,fire and emergency services if needed. 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: Along the South, East and West the Woods Swim Club parcel is surrounded by roadways.The land to the North is residential properties which are a part of Keystone Woods.Locating the tower in the woods and designing the tower with a 100'fall radius is the best way to make this proposal a win/win for area residents.They receive the phone service they need and the tower is well hidden from normal line of sight. 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:. It will make the property impossible to be used and several practical difficulties would result.The home owners in Keystone Woods will not receive the community benefits that are available to them through the Land Lease.The home owners in Keystone Woods and surrounding area will be denied the benefits that increased coverage/capacity will provide them on a daily basis and in the cases of emergency or natural disaster. DECISION IT IS THEREFORE the decision. the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. /1-t0 20© /_.5 V is granted, subject to any conditions stated in the minutes of this Board,which are incorporated herein by reference and made a part hereof. AdoI is 7i`�l '� day of -(°� ,20 CH,. RPERarmel/ lay Boar of Zoning Appeals LE9----x.--x_c_i.,,, .. ,..., SECRETARY,Carmel/Clay :•-rd •toning Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 - filename:development standards variance 2013.docx rev.1/2/2013 CARMEUCLAY ADVISORY BOARD OF ZONING APPEALS FINDINGS OF FACT-DEVELOPMENT STANDARDS VARIANCE Docket No.. 4020016 V ZO CH 26.01.04 Max height 120', 150' requested Petitioner: JB Towers. LLC 1 The approval of this variance will not be injurious to the public health, safety,morals and general welfare of the community because: The tower will be designed to fall within the parcel owned by Woods Swim Club.An engineer with Sabre Industries has provided a fall zone letter. 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: The parcel is currently used for a swimming pool,tennis court and club house. The hidden location of the tower is added assurance that the adjacent property will not be affected.Business. Industrial and Manufacturing districts currently allow for a 150'tower.The difference in 120'and 150'tower is difficult to discern even with a trained eye. 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: Applying strict use of the terms of the zoning ordinance would possibly result in difficulties for the City of Carmel. Allowing a unnoticeably taller tower now will aid the City of Carmel in warding off theproliferation of towers in the area. DECISION IT IS THEREFORE the decision gf the Carmel/Clay Board of Zoning Appeals that Development Standards Variance Docket No. i 9d Z 00/6 V 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 is /� day of /It 1,0 —6.-4.-7 20 /I JAL CHAIRPERS'N`Carmel/Clay Board of Zoning Appeals SECRETARY,Carmel/Clay Boar Jdf Zon' • Appeals Conditions of the Board are listed on back. Petitioner or representative to sign. Page 10 - filename:development standards variance 2013.docx rev.12/2013