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(,..; CITY OF CARMEL. CLAY TOWNSHIQ
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
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t)'~" SPEC~ US::~::~ REQUEST
DOCKET ~5 -HAft 9 2001 _. . DATE RECEIVED:
1) Ap~Ii~lJt: L~ce Commutl)lcations, LLC
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Addre~:,-!>-441-;Vi!i~\s~et, Suite 3900, Cincinnati, Ohio 45202
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2)
Project Name:
Phone:
Engineer/Architect:
GPO Associates
Phone: 317-299-2996
Attorney:
Timothy Ochs, Ice Miller
Phone: 317-221-5952
3)' Applicant's Status: (Check the appropriate response)
(a) The applicant's name is on the deed to the property
(b) The applicant is the contract purchaser of the property
x (c) Other: Appl icant has an agreement wi th the owner of the property to use it for
telecommunication purposes. .
4) If Item 3) (c) is checked, please complete the following:
Owner of the property invCllved: PSI Energy
. Owner's address: Phone:
5) Record of Ownership:
Deed book NoJlnstrument No. 293
Page:
468
Purchase Date: 12/13/76 Recorded 12/31/76
6) Common address of the property involved: Gray Road North
Legal description: See attached "Exhibit A"
Tax Map Parcel No.: 16-14-04-00-00-003.001
7) State explanation of requested Special See Exhibit 6 attached hereto.
8) State reasons supporting the Special Use: (Additionally, complete the attached question sheet entitled "Findings
of Fact-Special Use").
See Exhibit 4 attached hereto.
Page 1 of 8 - Special Use AppllcaUon
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9) Present zoning of the property (give exact classification): S-1 (Residence Di strict)
Present use of the property:
Electrical Substation
10)
11)
I,
Size of lot/parcel in question:
2.997
acres
12) Describe the proposed use of the property: to provide for three (3) sLic",clll9unt anfennas <~':
for wireless telecommunication
providers on existing wood poles.
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 relate or affect its use for the specific purpose of this application? If yes, give date and docket
number, decision rendered and pertinent explanation.
N/A
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 special use is granted, when will the work commence? Spring of 2001
17) If the proposed special use is granted, who will operate anellor use the proposed improvement for which this
application has been filed?
Lattice Communications, LLC and a maximum of three ltcensed wireless telecommunication providers.
NOTE:
LEGAL NOTICE shall be published in the Noblesville Dailv Ledaer 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. AGAIN, THIS
TASK MUST BE COMPLETED AT LEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
Page 2 of 8 - SpeclaJ Use AppllcaUon
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EXHIBIT A
A part of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of Section 4, Township 17
North, Range 4 East, more particularly described as follows:
Beginning at a point in the West line of said half-quarter section one thousand five hundred ninety
and fifty hundredths (1,590.50) feet South of the Northwest comer of said half-quarter section;
thence Easterly six hundred forty and twenty-eight hundredths (640.28) feet to a point in an existing
fence line; thence South 00003' 20" East along said fence line three hundred thirty-seven and fifty-
three hundredths (337.53) feet to a point; thence South 89051' 20" West along an existing property
line fence three hundred ten and thirty-eight hundredths (310.38) feet to an old iron pin; thence North
000 03' 00" West two hundred sixty-four (264) feet to an old iron pipe; thence Westerly three
hundred thirty (330) feet to a point in the West line of said half-quarter section; thence North along
said West line seventy-five (75) feet to the place ofbeginning hereinbefore described, and containing
in said tract ofland 2.997 acres, more or less.
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EXHIBIT B
The requested special use would allow three (3) slick mount antennas for wireless
telecommunication providers on a power line support device.
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EXHIBIT C
1. The nature ofthe proposed antennas and the installation and camouflaging makes the antenna
. .
InCOnSpICUOUS.
2. The antennas are flush against the power poles and painted brown such that their visual
impact does not adversely impact the surrounding residential uses.
3. The land on which the antennas will be placed is currently being used as an electrical
substation.
4. The poles on which the antennas are located also currently exist.
5. The visual impact of the camouflaged antennas and the fenced and landscaped equipment
yards are visually consistent with the existing electrical substation and surrounding
residential neighborhoods.
6. The use will not generate noise, odor dust or vibration.
7. Minimal traffic to the site will occur.
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CARMEUCLAY BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Lattice Communications, LLC
FINDINGS OF FACT. SPECIAL USE
1. The Special Use in Flood Plain District, Ordinance Z-160, Section 21.6 as amended (does) (does not) apply and
all prerequisites have been met by Petitioner as verified by:
See Attached.
2. The Special Use will be consistent with the Character and Permitted Land Use of the zoning district and
Carmel/Clay Comprehensive Plan because:
See Attached.
3. The Special Use is physically suitable for the land in question because:
See Attached.
'4. The Special Use will not Injuriously or adversely affect the adjacent land or property values because:
See Attached.
5. The Special Use will not adversely affect vehicular or pedestrian traffic flow, nor the adequate availability of water,
sewage, or storm drainage facilities, or police or fire protectl~'!Eecause:
See Attached.
6. The Board has reviewed the requirements of Ordinance Z-160, Section 21.3 (1-25) as they relate to this Special
Use, and does not find that those criteria prevent the granting of the Special Use:
See Attached.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Special Use 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
,20 .
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).
s:\forms\Speclal Use Application
Revised 10/17/2000
Page 8 of 8 - SpedaJ Use Application
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Findings of Fact - Special Use
1. Strike (does)
2. Section 5.2 and 11.2 of the Zoning Ordinance provides that antennas are special uses if
visually integrated with or camouflaged on or within a structure other than a tower, such as a
power line support device. The requested special use would allow three antenna on a power line
support device. The nature of the proposed antenna and its installation and camouflaging makes
the antenna inconspicuous. The antenna are flush against the power poles and painted brown
such that their visual impact does not adversely impact the surrounding residential uses.
3. The land on which the antennas will be placed is currently being used as an electrical
substation. The poles on which the antennas are located also currently exist.
4. The visual impact of the camouflaged antenna and the fenced and landscaped equipment
yards are visually consistent with the existing electrical substation and surrounding residential
neighborhoods. The use will not generate noise, odor, dust or vibration. Minimal traffic to the
site will occur.
5. Water, sewage and storm drainage facilities are not needed and will not be impacted in any
manner. The location of the poles with direct access to Grey Road will not impact pedestrian
traffic. The number of trips generated, approximately one or two trips per month, is so small that
no adverse impact on vehicular traffic will be created.
6. The proposed antenna and associated equipment areas are adequately fenced and landscaped.
No additional utilities, access roads or paved areas will be necessary for their installation. The
antennas will be placed on existing power poles, which means that existing topography is not
impacted. Pedestrian and vehicular traffic will not be impacted, and no trash will be generated or
materials stored. The antennas do not require lighting, and will not create any appreciable noise,
odor, dust or vibration.
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STATEMENT OF SPECIAL USE
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The requested special use would allow three (3) slick mount antennas for wireless
telecommunication providers on a power line support device.
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STATEMENT OF SUPPORT
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The nature of the proposed antennas and the installation and camouflaging makes the antenna
inconspicuous. The antennas are flush against the power poles and painted brown such that their
visual impact does not adversely impact the surrounding residential uses. The land on which the
antennas will be placed is currently being used as an electrical substation. The poles on which the
antennas are located also currently exist. The visual impact of the camouflaged antennas and the
fenced and landscaped equipment yards are visually consistent with the existing electrical substation
and surrounding residential neighborhoods. The use will not generate noise, g.dp~ dus~'orc~ibration.
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Minimal traffic to the site will occur. /.':,)/ ---.'-1./';,
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L-i APR 12 2001 f:l
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AFFIDA vir
I, hereby swear that I a~ the owner/contract purchaser of property involved in this application and that the foregoing
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 applicant to act on my behalf with regard
to this application and subsequenthearings and testimony.
Signed: 3)Q/o (
(Property Owner, perty Owner's Attorney (Date)
or Property Owner's Power of Attorney)
/("'cA~y f oe-L {; ct.!.
(Please Print) )
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STATE OF INDIANA
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County of
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(County in which notarization takes place)
Before me the undersigned, a Notary Public
for ~l'Y\l \+OY\
(Notary Public's county of residence)
County, State of Indiana, personally appeared
lI'llb-lhJ.it ~ .
(Property Owner, orney, or Power of Attorney)
and acknowledge the execution of the foregoing instrument
this~ day of
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NotarffubUc-Please P.-rint I
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(SEAL)
(SEAL)
Page 4 al8 - 5ceclal Use ADgUcallon
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