HomeMy WebLinkAboutFindings of Fact for 033-97 A CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel,Indiana
Docket No.: A-33-97
Petitioner: Westel-Indianapolis Company d/b/a Cellular One
FINDINGS OF FACT-APPEAL
I. Petitioner has properly followed the Appeals Procedures outlined in Ordinance Z-160,Section 30.2,et seq.:
Applicant has timely filed this appeal of the administrative determination of Director of the Department of
Community Services on the appropriate form required.
2. Nature of action appealed from:
Applicant is a federally licensed and State of Indiana certificated provider of public utility radio mobile
communications service to the public. An appeal is taken from an administrative determination that the
proposed 80'commercial mobile radio telecommunications antenna structure and fully automated radio
equipment building is not permitted use or special use in the B-2/business zoning classification,as defined in
Section 13.1 of the Carmel/Clay Zoning Ordinance issued by letter dated March 3, 1997 from the Director of
the Department of Community Services of the City of Carmel,although the letter incorrectly referred to the
proposed site as zoned B-1/business zoning classification.
Agency: Department of Community Services
Date of Agency Decision March 3, 1997
3. Attached copy of Ordinance or materials which is subject of Appeal as Petitioner because:
See the attached copy of the letter of administrative determination.
4. The written materials submitted to the Board does support the Petitioner because:
Applicant has shown that the proposed 80'commercial mobile radio telecommunication antenna is a radio use
under federal laws and regulations. The proposed use is no more obtrusive than the"Radio or television
transmission towers"which are permitted uses in the B-2/business zoning district. Nondiscriminatory
treatment of this type of radio communication services requires the relief from the Director's administrative
action.
5. The work on the premises upon which appeal has been filed shall not be stayed because:
Not applicable.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Appeal 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.
(Petitioner or his representative to sign.)
Doc slu2
Page 2 of 8-BZA Appeal Application
CARMEL/CLAY BOARD OF ZONING APPEALS
Carmel,Indiana
Docket No.: A-33-97
Petitioner: Westel-Indianapolis Company d/b/a Cellular One
FINDINGS OF FACT-APPEAL(Ballot Sheet)
1.
2.
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6.
DATED THIS DAY OF ,199 .
Board Member
Page 1 of 8-BZA Appeal Application