HomeMy WebLinkAboutApplication 03-06-97 44
CITY OF CARMEL-CLAY TOWNSHIP MAR 6 1997
HAMILTON COUNTY, INDIANA DOCD
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
USE VARIANCE
FEE: $750.00
DOCKET NO.: DATE RECEIVED:
1) Applicant: Westel-Indianapolis Company d/b/a/Cellular One
Address: 8888 Keystone Crossing, Suite 300, Indianapolis, Indiana,46250
2) Project Name: n/a Phone: (317)581-2507
Engineer/Architect: Weihe Engineers, Inc. Phone: (317)846-6611
Attorney: Larry J.Wallace/James A.L. Phone: (317)269-2500
Buddenbaum Fax: (317)269-2514
3) Applicant's Status: (Check the appropriate response)
x (a)The applicant's name is on the deed to the property
(b)The applicant is the contract purchaser of the property
(c)Other:
4) If Item 3) (c)is checked, please complete the following:
Owner of the property involved: Westel-Indianapolis Company d/b/a Cellular One
Owner's address: 8888 Keystone Crossing, Suite 300 Phone: (317)581-2507
Indianapolis, IN 46250
5) Record of Ownership:
Deed Book No./Instrument No. Instrument#9653499
Page: Purchase Date: December 9, 1996
6) Common address of the property involved: 750 East 106th Street
Legal description: See attached Legal Description
Tax Map Parcel No.: 17-13-01-03-06-013.000; 17-13-01-03-06-012.000
7) State explanation of requested Use Variance: (State what you want to do and cite the section numbers(s)
of the Carmel/Clay Zoning Ordinance which applies and/or creates the need for this appeal).
Applicant is a federally licensed and State of Indiana certificated provider of public utility radio mobile
communications service to the public. Applicant seeks a variance of use, if and to the extent required,from
Section 13.1 and 13.2 (B-2/Business District)of the City of Carmel Zoning Ordinance for the construction
and maintenance of a 80'commercial radio antenna structure and fully automated radio equipment building.
The need for this variance is the result of the administrative determination that"a communication tower of
this kind is neither a permitted use or special use in the B-1/business zoning classification, as defined in
Section 12.1 of the Carmel/Clay Zoning Ordinance"by letter dated March 3, 1997 from the Director of the
Department of Community Services for the City of Carmel, a copy of which is attached. Although the March
3, 1997 letter refers to the correct address of the site, it incorrectly references B-1/business zoning
classification as the zoning district applicable to this site. The correct zoning classification according to the
Official Zoning Map, adopted January 21, 1980, as amended, is B-2. The B-2/business zoning district under
Section 13.1 does permit"Radio or television transmission towers."
Page 1 of 8-Use Variance Application-Revised 7/25/95
8) State reasons supporting the Use Variance:(Additionally, complete the attached question sheet entitled
"Findings of Fact-Use Variance").
See attached Detailed Description of Proposed Use Variance and Proposed Findings of Fact
9) Present zoning of the property(give exact classification): B-2/Business
10) Present use of the property: Light Commercial Industrial Warehouse
Type Building
11) Size of lot/parcel in question: .2513 acres
12 Describe the proposed use of the property:
See Detailed Description of Use
13) Is the Property: Owner occupied Yes
Renter occupied
Other
14) Are there any restrictions, laws, covenants,variances, special uses, or appeals filed in connection with this
property that would affect its use for the specific purpose of this application? If yes,give date and docket
number, decision rendered and pertinent explanation.
NO
15) Has work for which this application is being filed already started? If answer is yes,give details: NO
Building Permit Number: n/a
Builder: n/a
16) If proposed appeal is granted,when will the work commence? 30 days after approval by the
BZA
17) If the proposed appeal is granted,who will operate and/or use the proposed improvement for which this
application has been filed?
Westel-Indianapolis Company d/b/a Cellular One
NOTE:
LEGAL NOTICE shall be published in the Noblesville Daily Ledger a MANDATORY twenty-five(25)days
prior to the public hearing date and should be published in the next available publication of the Carmel News
Tribune. The certified"Proof of Publication"affidavit for both newspapers must be available for inspection the night
of the hearing.
Page 2 of 8-Use Variance Application-Revised 7/25/95
AFFIDAVIT
I, hereby swear that I am the attorney for the owner/contract purchaser of property involved in this application and
that the forgoing 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. I, the undersigned, authorize the .•'lic.•' •
act on my behalf with regard to this application and subseque • -.rings an• testimony. /
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Si ed: _ /�/ L
. es A. •.en..0 m, 'RR RICHEY !::REMSKEY
& MO' % ,Attorneys for Westel-Indianapolis Company
d : . 'ellular One, March 6, 1997
STATE OF INDIANA )
SS:
COUNTY OF M&Ap.r1 )
Before me the undersigned, Notary Public for \& - -. County, State of Indiana, personally appeared
James A.L. Buddenbaum, and he being first duly sworn by me upon his oath, says that the facts alleged in the
foregoing instrument are true. Signed and sealed this 1, - day of 1991. .
(SEAL) l/"�'� / ��
(Signature) ✓✓ _
N ary Public
(Printed Name)
My Commission Expires: b 1 - bCil-s tl l
Page 4 of 8-Use Variance Application-Revised 7/25/95
750 East 106th Street
DETAILED DESCRIPTION OF PROPOSED USE VARIANCE
Applicant, Westel-Indianapolis Company d/b/a Cellular One is a public utility
licensed by the Federal Communications Commission ("FCC") and is certified by the
Indiana Utility Regulatory Commission ("IURC"), pursuant to Indiana Code §8-1-2-88,
for the provision of commercial mobile radio telecommunication service to the public in
and around the Carmel community. As a public utility, Applicant is required to provide
adequate and reliable commercial mobile radio telecommunication service which, in turn,
requires the construction and operation of telecommunication transmitting and receiving
relay antennas throughout its service area at locations dictated by customer use and
system engineering requirements. By this application, Applicant proposes to construct
and maintain a 80' monopole, self-supporting commercial mobile radio relay antenna
with an adjacent fully automated (unstaffed) 12' x 22' radio equipment building.
If and to the extent required, a variance of use from Section 13.1 and 13.2 (B-
2/Business) of the City of Carmel Zoning Ordinance is necessary and appropriate because
the proposed public utility mobile radio telecommunications use is in significant demand
in the Carmel area and this antenna is required for the adequate and reliable provision of
that service. The need for this variance is dictated by the determination "that a
communication tower of this kind is neither a permitted use, or special use in the B-1
business zoning classification, as defined in Section 12.1 of the Carmel/Clay Zoning
Ordinance" by letter dated March 3, 1997, from the Director of the Department of
Community Service of the City of Carmel.' Applicant believes a reasonable reading of
Section 13.1 and 13.2 of the City of Carmel Zoning Ordinance, which permits heavily
commercial uses, "Radio and television transmission towers" among many other
intensive uses includes this proposed commercial mobile radio antenna.
Doc.#6052
Although the March 3, 1997 letter refers to the correct address of the site, it incorrectly references B-1/business
zoning classification as the zoning district applicable to this site. The correct zoning classification,according to the
Official Zoning Map,adopted January 21, 1980,as amended,is B-2.
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel, Indiana
Docket No.:
Applicant: Westel-Indianapolis Company d/b/a Cellular One
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
conditions(s)such that enforcement of the zoning ordinance to deny the Applicant's public utility use of the
property for a radio tower and associated public utility radio communication facilities will result in
unnecessary hardship because:the proposed site is the best and least objectionable choice in the
geographical area as required for quality commercial mobile radio public utility telecommunications service
in this area; if the Applicant is unable to quickly erect and place in service an antenna as proposed,the
public interest could be unnecessarily impaired, constituting a hardship both to Applicant and its public
utility subscribers. Further, if the use variance requested is required, its grant may be necessary to prevent
a barrier to the entry of the Applicant's public utility service, and if similar uses under similar circumstances
have been previously allowed, denial of the use variance requested could constitute discriminatory
treatment of Applicant.
2. The grant of this variance will not be injurious to the public health,safety, morals and general welfare of the
community because:the proposed 80'public utility commercial mobile radio telecommunications antenna
and automated radio equipment cabinet is necessary to provide adequate and reliable public utility
commercial radio telecommunications service. It will not create air,water or noise pollution; unsanitary
conditions, surface drainage problems, environmental nuisances,traffic congestion,dangerous
instrumentalities,threats to morality or public safety, or other objectionable characteristics offensive to the
community.
3. The use or value of the area adjacent to the subject property will not be substantially affected in any
adverse manner because:the site upon which the antenna and equipment cabinet is to be constructed,
operated, and maintained is directly adjacent to a government center with public safety agencies which
intend to utilize this antenna for their own communication antenna needs. The requested use will not
adversely affect the value or use of this property or adjacent properties.
4. The need for the variance arises from a natural condition peculiar to the subject because:Applicant, a
public utility, is required to provide adequate and reliable commercial mobile radio telecommunications
service. The site is uniquely suited for and required for the proposed use because of geographic,
engineering, and other technical qualifications and requirements dictating the location for radio relay
antennas and the system of which such antennas are a part. An antenna is needed in this specific location
to provide adequate communications public utility service to the surrounding community and the public.
5. The granting of this variance does not substantially interfere with the Carmel/Clay Comprehensive Plan
because: the past and present development of the area indicates that the proposed use is not inconsistent
with the use provided for by the comprehensive plan as the area around this site is heavily commercialized.
Just as other forms of infrastructure are required for development of a community, relay antennas for
commercial radio public utility service are an important part of that infrastructure. The site is also intended
to provide access to public safety agencies of the community for collocation of their own antenna required
for their communication systems.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Use variance Docket Number
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 , 199
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
Conditions of the Board are listed on the back.
Page 8 of 8-Use Variance Application-Revised 7/25/95