HomeMy WebLinkAboutPacket 06-06-02
u
~-
Jl
~
L
.~
U'
.~
WTF-SPRINT SPECT
(A-97-01)
~
~
::r U,,4.. to
HEARING DATE: ~IA ~J.~ 28, 2002
c
~.
~
n
...
CJ
U
~
U
'0
C
C
J. TAGGART BIRGE
BOSE MCKINNEY & EVANS LLP
600 E. 96TH STREET, SUITE 500
INDIANAPOLIS, IN 46240
o
u
o
o
o
~
D
o
o
Q
o
o
o
o
D,
o
o
o
o
A.
B.
c.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
47495
TABLE OF CONTENTS
Application for Improvement Location Permit
Application for Board of Zoning Appeals Action-Appeal Request
Applicant: Richard Deer
Director's Letter to Mr. Jay Lemmon
Sprint's appeal to the Board of Zoning Appeals
Richard Deer's Motion to Dismiss Sprint's Appeal
Base map of subject area
Section 5.1.1. of the Ordinance
Definition of Antenna!
Project notes
Section 5.2 of the Ordinance
Photos of the site
Location of Crooked Stick Golf Course
Letter to Tom Bedsole
1\);
~\n\...Y Improvement Location Permit
[I~,s permit is valid only if construction is started within 120 days of issuance date; all construction is completed (c/o issued) within 2 years of issuance
~~ unless an extension of time has been officiall ranted b letter b the Director, D artment of Communi Services.
1388 Queens Way, Carmel, Irrliana
A. TYPE OF CONSTRUCTION Do plans include a porch? F. TYPE OF IMPROVEMENT
1. 0 Single Family 0 Yes 0 No 1. 0 New Structure
2. 0 Two Family 2. 0 Addition: Porch_Room_
3. 0 Multi-Family Type of Foundation 3. 0 Remodel 0 Commercial Tenant Space
4: 0 Commercial I Industrial OCrawlspace 4. 0 Foundation Only
5. KJ OTHER taffOO OBasement f\\ 5. 0 Demolition
(Specify) uns _ . eel ad:i. JOSlab \)\ J 1\ cr 6. Xl Af~~b\xilding
~ r 0 1\ 1 l' d' ;,zl"\~"t}}'ra ~ed Attached
SEWER: eqw.prent shelter/, if. & 0 r:O~ VV. a.\\ f\e~
B. mne _ - Se 'f v.J\\'i\ S X
1. 0 Public (Name of System t\e\J. COfl'\?\\0l:'dtot~litOde ~J\C\:.S YES _ NO
2. 0 Private (Septic Tank, etc.) ~'-Sub\eC' \0 s\a\eWl~O ~f\'''I~S\'\\~S _ NO X
C. WATER: . 0\ c:hJ\ ,rH,.i'\Ol" ~S NO X
1. 0 Public (Name of System none ": .Je: ,. Of Ca~~~b ll':fc(ured Trusses YES ===- NO X
2. 0 Private (Well ! U C~'p lNO~
D. ZONING: S-2 - ~umbing Contractor ' mre
E. ESTIMATED COST OF CONSTRUCTIO:rt\1_ rl-
(Excluding Land Value) ;~e . Plumbing License # 0 UPC or 0 CABO
........*.**......***.*.*****..***.*.*.*..*....*************************************************************
.The undersigned agrees that any construction, reconstruction; enlargement, relocation, or alteration of structure, or any change in the use of land or structure
requested by this application win comply with, and confonn to, all applicable laws of the State oflndiana, and the "Zoning Ordinance of Carmel Indiana - 1993
(Z-289) and amendments, adopted under authority of I.e. 36-7 et seq, General Assembly of the State of Indiana, and aU Acts amendatory thereto. I furthe
certify that only kitchen, bath, and floor drains are connected to the sanitary sewer. I further certify that the construction will not be used or occupied unli
a Certificate of Occupancy has been issued by tbe Department of Community Services, Carmel, Indiana.
. ~NSPECTIONS
I?&-. V ooti . . oder Sla ou-
gnatUre of Owner or Authorized Agent (/ ........ L)
Ja:tes A.L. Btrldenbaun, Attorney for Sprint ~
Spectr~, I.P (see attaChed lease' agreerrent) Permit (Square Footag
(print) . (Phone Number)
(317) 269-2500
r;CarmeJ-Clay
U;owns~p
LOCATION
o
o
o
o
o
o
o
Exhibit A
Application for
PermitNo.~,.U ,
Date
Roll File
NAME
PHONE
FAX
Jay IemIro~, Q Serve O:mnunications
(317) 856-1694
(317) 856-0198
STREET
QTY
STATE
ZIP
'4515.-.5. ~:.Hi.gh SclDo1 Ib~, In:lianapoli~,
Sprint Spectrun, IE, d/b/a Sprint PCS
46241
IN
NAME
Edwin C. Zamber
PHONE
(317) 848-9739
STREET
1388 Queens Way,
CITY S
Camel
LOT
SUBDIVISION
lion
ADDRESS OF CONSTRUCTION
o
o
o
Inspection Fees:
Certificate of Occupancy:
P.R.I.F.:
TOTAL:
o
o.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
DOCKET NO.
ClTY OF CARMEl. CLAY TOWNSHIe
HAMILTON COUNTY. INDIANA
APPlICATION FOR BOARD Of lQN1NG APPEALS ACTION
APPEAL REQUEST
DATE RECEIVED:
1) Applicant Richard Deer
Address:
1332 Queens Way, Ca~el, Indiana
2)
Projec:tName: Sprint. Spectrum, LP, d/b/a Sprint
~rnvdh~ First Group Engineering, Inc.
Phone:
Phone: (317) 290-9549
Phone: (317) .514-3700
Attorney:
J. Taggart Birge, Bose McKinney & Evans LLP
3) ApplIcant's Status: (Check the appropriate response)
(a) The applicanrs nam1:l is Of) the deed to the property
(b) The appflC8nt is the contract purchaser of the property
x (e) Other: Applicant is an adjacent !>roperty owner.
4) Jf ftem 3) (0) ~ chocked, plom;c oompleto the foflowing:
OwnerofthepropertyinvoJved: Edwin C. Zamber
Ownetsaddress: 1388 Queens Way, Carrn.el, Indiana
Phone: (317) .84&-9739
5) Rocord of Owno~hip;
Deed Book NoJlnstrument No.
Page: N/A
9739910
Purchase date: September 22, 1997
6) Common addmss of the property invollMd: 1388 Queens Way 9 Carmel9 Ind iana
Legaldesqjption; See the attached Exhibit "A"
Tax Map Parcel No.:
17-13-03-00-00-028.017
7) State AypI1tnation of rl)Quested Appeal: (State what you want to do 3nd cit& the section nlJf'nber(s) of 1he
CarmeJICJay Zoning Ordinance which applies and/or creates the need for this appeal). : .
See the attached Exhibit "B.n
6) St31e reasons suppof1ing the Appeal: (AddilionaUy, comJie1e the attached question sheet entitled '"FJf1di~'of Fad-
Appealj. . .-- .
See the attached l!:xhibit "B."
BZA Appeal Application - pg 1
o
D-
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
9)
10)
11)
12)
13)
Present zoning of the property (give exactclassification):
S-l
Present use of the property:
Size of 10tIparcel in ques1ion
Residential
6.09
.' . acres
Oesaib9 the proposed use of1he propertY. The owner nroposes to lease an area to. Sprint
PCS to install and maintain an antenna to serve the general public i~.the
area. Included is the construction of an equipment shelter, a new D~C,
and a paved access road.
Is the property:
Owner occupied
x
Renter occupied
Other
14) Ate1here any re&1Jidions. Jaws. covenants. variances. speciaf uses. or appeals filed in connection with this properJJ
that would relate or affect its use for the specific purpose of this applica1ion1 lfyes. give date and dodcet number,
decision rendered and pertinent explanation. . .
None of which I am aware at this time.
15) H~ work for which thiG opplicotion is being filed already started? If enswer is yes. give detaib:
Building Permit Number: 2001.0627.3
BWMer. Jay Lennon, QServe Communications (317-856-1694)
16) If propos;gd 2ppoal is ~rnntod. when will the work commen<>>? The work is in progress.
17) If 1he proposed appeal is granted. who wiD operate and/or usa the proposed improvement for which 1hIs appl~n.
mas boon fiJod? -
N/A
NO~: .
LEGAl NOTICE shall be pubtished in the NoblesviDe DailY ledger a MANDATORY twenty-five (2S) days priorto
the pub5c 002ring date. The cDrtifiod "Proof of Public2tioo" :affid:aw for tho llDWSp3pDr mud be availab'D for inq>ection tho.
night of the hearing.
LEGAL NOTICE to all adjoining and abutting property owners is also MANDATORY. two mQf:ho(k ofnotice :a...
recommended:
1) CERTIA~O MAIL - RETURN RECEIPT REaUESTED sent to adjoining propqrty owneB. (Tho wtrito rGCGipt-
should be stamped by the Post Office at least twenty-five (25) days prior to the public hearing date)
2) HAND DElNEREO to adjoining and abutting property owners (A receipt signed by the adjoining and ~
property owner acknowfedrjilg the twenty--five (25) day notice should be kept for verifica1ion that the notice was compfeted)
RFAlI7F THE BURDEN OF PROOF FOR All NOTJCES IS THE RESPONSIBILITY OF me APPUCANT. AGAIN: ms
TASK MUST BE COMPLETED AT lEAST TWENTY-FIVE (25) DAYS PRIOR TO PUBLIC HEARING DATE.
The appflCant undefstands that doc;ket numbers will not be assianed until all~DQ. jnfQo:nalQn.b~-.bnn
submitted t'9 the Deoartmeot of CommunitY Services.. .-- .- _. '.
BZA Appeal Application - pg 2
o
o
o
,u=ADAYIT
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
1. being duly sworn depose and say 1hat the foregoing signatures. statements and answers herein cOhbiil.ed .~
the informadon herewith submitted are in all respects true and correct to the best of my knowfedge and belief. .. Ihe
unc2ersigned, authorize the applicant to act on my behalf with regard to this application and sutlsequent ~ftlgS and
testimony.
~
~ (6i~ ..
Atlomey,~
for Richard Deer
J. Taggart Birge
(Please Print)
STATE OF INDIANA
ss:
County of Rami 1 t:on
(County in which notarization take place)
Before me the undersigned, a NotarY Publfc-
for Marion
(Notary Publjc's county of residence)
J. Taggart Birge
(property Owner, Attorney, or Power of Attorney)
County, S13te of Indiana, personally appeared. .
and acJcnowfedge the execution of 1ri91oregoing
instrument this
15th
day of
1?d L--
/Notary Pub~ignature
,JfS8.2001.
(SEAl)
Steven B.-Granner
Notary Public-Please Print
My commission expres:
10-23-2008
~. -
,
B~ Appeal AppflC3tion - pg 4
o.
o.
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
EXHIBIT A
Legal Description
A PART OF TIlE NORTIlWEST QUARTER OF SECTION 3, TOWNSIDP 17 NORTIl OF
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID QUARTER SECTION wmCH
BEARS NORTIl 00 DEGREES 09 MINUTES 55 SECTIONS EAST (ASSUMED BEARING)
470.00 FEET FROM TIlE SOUTIlWEST CORNER OF SAID QUARTER SECTION, TIlENCE
NORTIl 00 DEGREES 09 MINUTES 55 SECONDS EAST UPON AND ALONG SAID WEST
LINE 509.93 FEET TO A POINT WHICH BEARS SOUTIl 00 DEGREES 09 MINUTES 55
SECONDS WEST 1605 FEET FROM THE NORTIlWEST QUARTER OF SAID QUARTER
SECTION, TIIENCE SOUTIl 89 DEGREES 50 MINUTES 05 SECONDS EAST 520.38 FEET,
TIIENCE SOUTIl 00 DEGREES 09 MINUTES 55 SECONDS WEST 509.93 FEET, TIlENCE
NORTIl 89 DEGREES 50 MINUTES 05 SECONDS WEST 520.38 FEET TO THE PLACE OF
BEGINNING, CONTAINING 6.09 ACRES, MORE OR LESS (5.57 ACRES NET OF RIGHT OF
WAY)
#43308v] <NO]> -Legal Description.wpd
o
o
o
o
o
o
o
o
o
o
o
Exhibit B
Petitioner contends that Permit No. 627.01 for the construction of the Sprint PCS Site, at the
property commonly known as 1388 Queens Way, was issued in error by the Director and should be
revoked. A commercial Sprint PCS site can only be located in a residential n~ighborhood zoned Slunder
specific circumstances dictated by the Zoning Ordinance and after a hearing before the BZA (the "BZA").
The property located at 1388 Queens Way does not comply with those circumstances as regulated by the
Zoning Ordinance and no hearing was held before the BZA.
The purpose of the S-l zoning district is "to provide for the development of innovative residential
environments in keeping with the rural character of the district." Any interpretation of the standards of
the Zoning Ordinance by the Director should be guided by this stated purpose. A commercial Sprint PCS
Site, with an ancmary equipment building, is not in keeping with the purpose and intent of the S-l zoning
district.
According to the Director, the Sprint PCS Site is permitted because under Section 5.1.1 of the
Zoning Ordinance (S-l District standards), an "Antenna," if collocated with an existing "Antenna," on an
approved and/or existing tower, is a permitted use. However, the Director's analysis is flawed because
the "term [Antenna] does not include the amateur radio station antennae" which is currently attached to
the existing tower. As such, Section 5.1.1 of the Zoning Ordinance does not apply to the case at hand
because there is no "Antenna" (as defined by Section 3.7 of the Zoning Ordinance) upon which the Sprint
PSC Site antenna can collocate with.
Consistent with Laurence LiJJjg's initial recommendation and Section 5.2 of the Zoning
Ordinance, the Sprint PCS Site and the ancillary equipment building requires Special Use approval from
the BZA. In addition to the Special Use approval required by the BZA, Section 5.2 of the S-l zoning
district dictates that a variance must be obtained prior to placing the Sprint PCS Site antenna on the site
because an initial "Antenna" must be located "on or within a structure other than a tower." If you could
locate an Antenna on an amateur radio station tower (a permitted use), the whole purpose of requiring a
special use for an Antenna could and would be circumvented.
o
The 130 foot tower site is in its present location because Section 5.3.7 permits "private radio and
television reception and transmitting towers and antennas. .." Since the tower was originally constructed
in 1987, it has been used solely for private purposes. The attorney for Mr. Zambers, in a letter dated
February 22, 2001, stated that the location of the Sprint PCS Site and the ancillary equipment building
wiJI allow Sprint PCS to serve "its customers and the general public in this area." Such commercial uses
are. not private and should not be permitted on the private tower site without a public review of the
proposed uses at the site by the BZA.
o
o
o
o
o
o
o
Currently, if a church wants to attach an antenna to a church spire, a Special Use is required under
Section 5.2 of the S-l Zoning Ordinance. In light of such requirements, it is hard to imagine how a
commercial Sprint PCS Site, an anciJIary equipment building and a paved access road can be constructed
and permitted in a residential neighborhood, without a public hearing in front of the BZA.
C:\NrPortbl\N01\N01\43307 _ 2.DOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
D
o
o
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
RICHARD DEER
FINDINGS OF FACT - APPEAL
1. The Petitioner has properly followed the Appeals Procedures outlined in Ordinance Z-160, Section 30.2,
et. seq.
2. Nature of action appealed from:
Issuance of an Improvement Location Permit (2001.0627.3) / Refusal to revoke an Improvement Location
Permit (2001.0627.3)
Agency:
Official:
Department of Community Services
Director
Date of Decision:
June 15, 2001 / AUQust 14. 2001
3. Attached are copies of the pertinent Ordinance sections which are the subject of the Petitioner's Appeal:
Section 3.7 - Definition of . Antenna"
Section 5.0 - S-1 Residence District
4. The written materials submitted to the Board do support the Petitioner because:
the use for which the ILP was Qranted (an Antenna) is not a Permitted Use under the S-1 Residential
District; thus. the ILP was improperly issued and should be revoked.
5. The Agency (DOCS) and Official (Director) should not be affirmed.
6. The work on the premises upon which appeal has been filed shall be stayed.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of Zoning Appeals that Appeal Docket No.
is granted, subject to any conditions stated in the minutes of this Board, which are incorporated herein by
reference and made a part hereof.
day of
,20
ADOPTED this
CHAIRPERSON, CarmeVClay Board of Zoning Appeals
SECRETARY, CarmeVClay Board of Zoning Appeals
C:\NrPortbI\N01~STUCKEY\43314_1.DOC
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
ZONING ORDINANCE
. AILEY. A permanent public service way providing a secondary means of access to
abutting lands, and not intended for general traffic circulation.
ALTERATION, MA1ERIAL. Any change to an approved plan ofany type that involves the
substitUtion of one material, species. element. etc. for another.
ALTERATION, MINOR Any change to an approved plan of any type that involves the
revision of less than ten percent (IOOt'o) of the plan's total area or approved materials.
ALTERATION, SUBST ANnAL. Any change to an approved plan of any type that involves
the revision often percent (100t'o) or more of the plan's total area or approved materials.
ANTENNA A structure or device that is used for the purpose of collecting or transmitting
signals. images. sounds. or information of any nature by wire. radio, visual. or electromagnetic waves.
including but not limited to directional or omni-directional antennas. panels, and microwave or
satellite dishes. The term does not include an amateur radio station antenna.
APARTMENT. A dwelling unit. primarily of a rental nature.
ARClDTECTURAL PLAN. A plan for the construction of any structure designed by a
qualified registered architect.
ARTIFICIAL LAKE. A JDaJrmade body of water fed by a watercourse.
ASSESSEl> VALUATION. The monetary value placed on a property and/or building
as established by the assessor with authority over the jurisdiction of this ordinance.
AUTOMOBILE Fll.LING STATION. Any place of business with pumps and under-
ground storage tanks. having as its purpose the selling of motor vehicle fuels and lubricants at
retail.
AUTOMOBILE SERVICE STATION. Any place of business with pumps and
underground storage tanks having as its purpose the retail servicing of motor vehicles with fuels
and lubricants. including minor repairs and inspections incidental thereto but not including a
general repair shop, paint or body shop, machine shop, wlcanizing shop or any operation
requiring the removal or installation of a radiator, engine. cylinder head. . crankcase, transmission.
differential. fender, door, bumper, grill. glass or other body Part. or any body repairing or
painting.
BASEMENT. A story having part. but not less than one-haI( of its height below grade.
A basement is counted as a story for the purposes of height regulation if subdivided. used for
dwelling purposes other than by a janitor employed on the premises and/or as walk-out access.
8
o
o
o
o
o
o
o
o
o
o
o
o
o
ZONING ORDINANCE
5.0 8-1 RESIDENCE DISTRICf
Pwpose and Intent. The pwpose of this district is to provide for the development of
. innovative residential environments in keeping with the rural character of this district. by
providing for a development process that allows a high degree of flexibility in the design
of single-family subdivisions. Further, it is the pmpose of this district to provide for a
development process that allows for more efficient use of the land through the
introduction of open space and conservation lands within subdivisions. It is the intention
of this district to protect remaining significant natural features within this district by
placing an emphasis on less intensive urban land uses.
5.1 Permitted Uses:
5.1.1 Antenna, if collocated on an existing or previously approved tower
Home occupation
Kennel, residential
Single-family dwelling
5.1.2 Area Density Requirements for qualifying subdivisions shall be reguJated on a
sliding scale based upon the amount of open space provided. (see subdivision
regulations, section 7.0)
5.2 Special Uses: (See Section 21.0 for additional regulations.)
o
o
o
o
o
Antenna, if visually integrated with or camouflaged on or within a structure other thana
tower (such as a chiinney stack, church spire, light standard, monument, power line
support device or water tower).
Artificia1lake or pond (not part of a plat)
Cemetery
Church, temple or other place of worship
College or University
Commercial greenhouse
. CountIy club
Day nursery
Golf course
Kennel, commercial
Kindergarten
Mineral extraction, borrow pit, top soil removal and their storage
Plant nursery
Power transmission line, in excess of 129 KV A
Private airplane or helicopter landing and/or service facility
o
34
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
5.3
ZONING ORDINANCE
Private recreational development or facility
Private water treatment and/or storage facilities
Radio or television tranmU~on tower
Raising and breeding of non-farm fowl and animals (not a kennel)
Riding stable
School of general elementary or secondaly education (accredited by the State)
5.2.1 Minimum Area Requirements:
~
Cemetery
Day nursery
Kindergarten
Plant nursery
Minimum Area (Acres)
30
I
1
]0
5.2.2 Other Requirements:
Use
Mineral extraction,
borrow pit, top soil
Removal and their storage
Other Requirements
Minimum perimeter Natural Open
Space buffer (as defined in 7.3.B of
the Subdivision Regulations) of300'
when adjoining or abutting any
residential use or district
5.2.3 Special Exceptions (see Section 21.0 for additional regulations)
Wireless telecommunications service tower. monopole-type construction only
Accessoty Building and Uses (See Section 25.0 for additional regulations.)
5.3.1 Accessory uses and structures. are permitted under the following conditions:
(I) They do not aher or change the character of the premises;
(2) They are on the same property as the principal structure to which they are
accessory; _
(3) They are not attached to the principal structure, with the exception of an
aDowableuniform and continuous roof supported by customary supports or
joists, and no other connection or attachment between the structures exists;
(4) They are not erected prior to the erection of the principal building;
(5) They do not exceed eighteen (18) feet in height;
(6) When detached from the principal building, they are set back seventy-five
(75) feet or more from the front lot line. Comer lots and through lots are
exempt from this paragraph 6.
35
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
ZONING ORDINANCE
(7) When closer than ten (10) feet to main building, they shall be considered as
part of the main building and shall be provided with the side and rear yards
required for the main building; and
(8) When more than ten (10) feet from a main building, they may be erected
within five (5) f~ or easement plus three (3) f~ of a side or rear lot line,
but not within any easement.
5.3.2 A private swimming pool may be pennitted as an accessory use, but shall be
located only within the side or rear yard.. No swimming pool or its deck shall be
closer than ten (10) feet to the property line. For purposes for safety, the
fonowing shall apply:
(1) waDs or fencing deemed to be impenetrable by tbe enforcing authority, that
is not less than five (5) feet high completely surrounding the swimming
pool and the deck area with exception of self-closing and latching gates
and doors, both capable of being locked; other means not less than five (5)
feet high and deemed impenetrable by the enforcing authority at the time of
construction and completely surrounding the pool and deck area when the
pool is not used; and
(2) a combination of subdivisions (1) through (2) that completely surrounds
the pool and deck with the exception of self-closing and latching gates and
doors which are capable of being locked; and
(3) in conjunction with (1), (2), or (3) a safety pool cover may be used
provided that:
A there is a continuoUs connection between the cover and the deck, so as
to prohibit access to the pool when the cover is completely drawn over
the pool;
. B. it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
C. it is capable of supporting a four hundred pound imposed load upon a
completely drawn cover;
D. it is installed with a track, rollers, rasils or guides; and
E. bears an identification tag indicating the name of the manufacturer,
name of the installer, installation date, and applicable safety standards,
ifany. AMENDED BY Z.261 & Z-272.
5.3.3 Tennis courts may be permitted as an accessory use but shall be located only
within a side or rear yard. Open wire mesh fences surrounding tennis courts
may be erected to a height of 16 feet if such fences only enclose a regulation
court area and standard apron areas. Lighting of the court area shall not create
more than five foot candles of light 25 feet from the court perimeter.
5.3.4 Quarters for bonafied servants employed by the occupants of
the dwelling are pennitted.
36
o
o
o
o
o
o
o
o
o
o
o
o.
o
o
o
o
o
o
o
5.4
ZONING ORDINANCE
5.3.5 One guest house with cooking facilities may be permitted as an accessory
building on lots containing not less than one (1) acre.
5.3.6 Accessory lighting is permitted; however, no lighting shall cause illumination at
or beyond any lot line in excess of 0.1 foot-candles of light. .
5.3.7 Private radio, television reception and transmitting towers and antennae are
permitted subject to applicable local, state and federal regulations. No
structure shall be located or permitted within ten (10) feet of a power
transmission line.
5.3.8 Accessory uses such as public utility installations, private walks, driveways,
retaining waIls, mail boxes, nameplates, I~ posts, birdbaths and structures
of a like nature are permitted in any required front, side or rear yard.
Height and Area Requirements (See Section 26.0 for additional regulations.)
5.4.1 Maximum height: 25 feet.
5.4.2 Minimum lot area:
A Lots without service by. a Community water system and a community santtaIy
sewer system, 43,560 square feet.
B. Lots with service from a community water system, and private septic system,
35,000 square feet.
c. Lots with service from a community sanitary sewer system and private water
system, 25,000 square feet.
D. Lots with community water system and community sanitaIy sewer system
15,000 square feet.
5.4.3 Minimum Lot Standards.
A Minimum front yard: 40 feet.
B. Minimum side yard: single-family home - 10 feet;
all other uses - 20 feet.
c. Minimum aggregate of side yard: single-family home - 30 feet;
all other uses - 50 feet.
37
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
ZONING ORDINANCE
D. Minimum rear yard: single-family home - 20 feet;
aD other uses - 15 feet.
E. Minimum lot width: single-family home - 120 feet;
aD other uses - 200 feet.
F. Maximum lot coverage: 35 percent oflot.
5.4.4 Any lot within a qualifying subdivision, as described in Chapter 7.0 of the
subdivision regulations, is exempt from the requirements of sections 5.4.2 and
5.4.3.
38
o
o
D.
o
o
o
o
o
o
D
o
o
o
o
o
o
D
o
o
. Exhibit C
City of Ca~el
DEPARTMENT OF OOMMUNITI SERVICES
.
Michael P. Hollibaugh
Director
August 23, 2001
Mr. Jay Lemmon
Q Serve Communications
4515 South High School Road
Indianapolis, IN 46241
RE: Revocation ofPennit No.627.01
Dear Mr. Lemmon:
Pursuant to the authority vested in me by the general ordinances of the jurisdictional area
of the City of Carmel, Indiana, under whose jurisdiction all improvement location peJIDits
(building permits) are issued for that City and for Clay Township, Indiana. I hereby
revoke the above referenced permit.
This office has determined tha~ prior to the issuance of a permit for the proposed
.'Equipment Shelter" on the .'Lease Mea" (as described in your Application for
Improvement Location Permit), the .'Parent Tracf' should have been divided into two (2)
or more smaller parcels. Under Chapter 3 of the Carmel Clay Zoning Ordinance, this
constitutes the subdivision of land requiring plat approval by the Plan Commission.
Should you desire to submit an application for plat approval. you may contact Jon
Dobosievvicz of this Department to discuss the necessary process.
Sincerely,
~~Ugh
Director
Department of Community Services
cc: James A L. Buddenbaum, Attorney for Sprint Spectnnn, LP
ONE CIVIC SQUARE CARMEL. INDIANA 46032
317/571-2117
o
D-~'
o
o
o
o
o
r
W
o
o
o
Q
o
Q
o
o
o
o
o
.6)
7)
8)
CITY OF CARMEL - CLAY TOWNSHIP
HAMILTON COUNTY. INDIANA
APPLICATION FOR BOARD OF ZONING APPEALS ACTION
APPEAL REQUEST .
DOCKET NO.
DATE RECEIVED:
1) Applicant Ja Lemmon Qserve Communications
Address: 4515 S. Hi h School Rd. Indiana olis IN 46241
2) Project Name: 1388 Queens Way
Engineer/Architect Lawrence C. Suhre
Phone: (317) 290-9549
Phone: (317) 237-3800
Attorney: Thomas F. Bedsole. Attorney for Sprint Spectrum L.P.
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: Applicant is a tenant for the purpose of co-locatinQ a personal wireless service antenna on
existinQ tower. .
4)
If Item 3) (c) is checked, please complete the following:
Owner of the property involved: Edwin C. Zamber
Owner's address: 1388 Queens Way. Carmel. IN 46032
Phone: (317)848-9739
5)
Record of Ownership:
Deed Book No./lnstrument No.
9739910
Page:
N/A
September22. 1997
Purchase date:
Common address of the property involved:' 1388 Queens Wav. Carmel. IN
legal description: See Attached Exhibit UN
Tax Map Parcel No.: 17-13-03-00-00-028.017
State explanation of requested Appeal: (State what you want to do and cite the section number(s) of the
CarmeVClay Zoning .ordinance which applies and/or creates the need for this appeal).
See Attached Exhibit uBu
State reasons supporting the Appeal: (Additionally, complete the attached question sheet entitled "Findings of Fact-
Appeal").
See Attached Exhibit uBn
BZA Appeal Application - pg 1
o
o
9)
10)
11)
Present zoning of the property (give exact classification): S-1
Present use of the property: Residential
Size of 10Uparcel in question 6.09
acres
o 12)' Describe the proposed use of the property Co-location of antenna on existinQ tower and construction of accessory
buildinQ.
o
o
o
o
o
n
~
o
o
Q
o
Q
O.
o
[(
o
r"
U
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, decision rendered and pertinent explanation. .
Appeal Request of Richard Deer filed AUQust 15. 2001. Docket Number A-97 -01
15)
Has work for which this application is being filed already started? If answer is yes, give details:
Building Permit Number. 2001.0627.B - Revoked
Builder: Jay Lemmon. Qserve Communications
16) If proposed appeal is granted, when will the work commence? Immediately
17) If the proposed appeal is granted, who will operate and/or use the proposed improvementfor which this application
has been filed? -
Sprint Spectrum L.P.
NOTE:
LEGAL NOTICE shall be published in the NoblesvilJe Daily LedQer 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
nightof 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.
The applicant understands that docket numbers will not be assiQneduntil all supportinQ information has been
submitted to the Department of Community Services. .
BZA Appeal Application - pg 2
o
o
o
o
o
o
o
o
01
o
o
o
o
n
W
o
o
o
o
D
AFFIDAVIT
I, being duly sworn depose and say 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 benef. I, the
undersigned, authorize the applicant to act on my behalf with regard to this application and subsequent hearings and
testimony. ~~~
Signed: ~
( ney for Sprint Spectrum;LP)
Thomas F. Bedsole
(Please Print)
STATE OF INDIANA
SS:
(YI/lLJO,J
(County in which notarization take place)
for "bmJSDN
~ (Notary Public's county of residence)
7 HoMtr5 f' 61)SOLL
(Property Owner, Attorney, or Power of Attorney)
County of
Before me the undersigned, a Notary Public
County, State of Indiana, personally appeared
and acknowledge the execution of the foregoing
~:;::~ ~ 0;L1
Notary Public-Signature
instrument this
j.c/-
day of
........:.t!::.....
If:~:":'...;.:.~:);\ .
::..J: <J. .' ...(SEAl)
=- ~:; ". ......_~.....
...... /~';-;.... ....... ;../ :::J
..... .!) f t ~\ r ."
.'/'_:,.:, J J ~ J: 't'~\.\'
(JArlkltJ N.{
s
Jd rrr/
Notary Public-Please Print
J/- t2.0 - OC/
My commission expires:
BZA Appeal Application - pg 4
o
o
o
c
o
o
o
o
o.
o
o
C\
o
o
o
o
o
D.
o
CARMEUCLA Y BOARD OF ZONING APPEALS
CARMEL, INDIANA
Docket No.:
Petitioner:
Sprint Spectrum. LP
FINDINGS OF FACT - APPEAL
1. The Petitioner has properly followed the Appeals Procedures outlined in Ordinance Z-160. Section 30.2,
. et seq.
2. Nature of action appealed from:
Revocation of Improvement Location Permit (2001.0627.B)
Agency: Department of CommunitvServices
Date of Agency Decision: AUQust 23. 2001
3. Attached copy of Ordinance or materials which is subject of Appeal:
Section 5.0- 5-1 Residence District
Section 3.7 of the Carmel/Clay Zonina Ordinance. entitled Definitions. specifically the term .SUBDIVISIOW
4. The written materials submitted to the Board does support the Petitioner because:
The use for which the ILP was aranted is a permitted use in the S-1 Residence district. and the lease of riahts
to use the tower and construct an accessory buildina does not constitute a division of land. Therefore. the lease
arranQement does not constitute the subdivision of land.
5. The Agency (DOCS) and Official (Director) should not be affirmed.
6. The work onthepremises upon which appeal has been filed shall not be stayed because the permit was properly
issued, and subdivision is not necessary.
DECISION
IT IS THEREFORE the decision of the Carmel/Clay Board of' Zoning Appeals that Appeal Docket No.
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
,200
CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
SECRETARY, Carmel/Clay Board of Zoning Appeals
S:\carmellanduseregs\checldist\appealapp rev112412000
Conditions of the Board are listed on the back.
(Petitioner or his representative to sign).
BZA Appeal Application - pg 8
0...
o
o
o
o
o
o
o
o
o
o
o
o
D
o
ZONING ORDINANCE
5.0 S-1 RESIDENCE DISTRICf
Purpose and Intent. The purpose of this district is to provide for the development of
innovative residential environments in keeping with the ruraI character of this district. by
providing for a development process that allows a high degree of flexibility in the design
of single-family subqivisions. Further, it is the purpose of this district to provide for a
development process that allows for more efficient use of the land through the
introduction of open space and conservation lands within subdivisions. It is the intention
of this district to protect remaining significant natural features within this district by
placing an emphasis on less intensive urban land uses.
,5.1 Pennitted Uses:
5.1.1 Antenna, if conocated on an existing or previously approved tower
Home occupation.
Ke~e~ residential
Single-family dwelling
5.1.2 Area Density Requirements for qualifying subdivisions shall be regulated on a
sliding scale based upon the amount of open space provided. (see subdivision
regulations, section 7.0)
5.2 SpeciaI Uses: (See Section 21.0 for additional regulations.)
o
Antenna, if visually integrated with or camouflaged on or within a structure other than a
tower (such as a chiinney stack, church spire, light standard. monument, power line
support device or water tower). .
Artificla1lake or pond (not part ora plat)
Cemetery
Church, temple or other place of worship
Conege or University
. Counnercial greenhouse
Country club.
Day nursery
Golf course
Kenn~ commercial
Kindergirten
MineraI extraction, borrow pit, top soil removal and their storage
Plant nursery
. Power transmission line, in excess of 129 KV A
Private airplane or helicopter landing and/or service facility
n
\..~
34
I(
U
o
o.
0
,--,
u
0
0
0
0
Q,
0
0
0
C\ 5.3
U
0
0
D
0'"
0
0
zoNiNGORDINANCE .
Private recreational development or facility
Private water treatment and/or storage facilities
Radio or television transmission tower
Raising and breeding of non-farm fowl and animals (not a kennel)
Riding stable
School of general elementary or secondary education (accredited by the State)
5.2.1 . Minimum Area Recwirements:
Use
Cemetery
Day nursery
Kindergarten
Plant nursery
Minimum Area ( Acres)
30
1
1
10
5.2.2 Other Requirements:
Use
MineraI extraction,
borrow pit, top soil
Removal and their storage
Other Requirements
Minimum perimeter Natural Open
Space buffer (as dejinedin 7.3.B of
the Subdivision Regulations) of300'
when adjoining or abutting any
residential use or district
5.2.3 Special Exceptions (see Section 21.0 for additional regulations)
WJreless telecommunications service tower, monopole-type constru.ction only
Accessory Building and Uses (See Section 25.0 for additional regulations.)
5.3.1 Accessory uses and structures, are permitted under the fonowing conditions:
(1) They do not alter or change the character of the premises;
. (2) They are on the same property as the principal structure to which they are
accessory;
(3} They are not attached to the principal structure, with the exception of an
allowable uniform and continuous roof supported by customary supports or.
joists, and no other connection or attachment between the structures exists;
(4) They are not erected prior to the erection of the principal building;
(5) They do not exceed eighteen (18) feet in height;
(6) When detached from the principal building. they are set back seventy-five
(75) feet or more from the front lot line. Comer lots and through lots are
exempt from this paragrap~ 6.
35
o
o
o
'0
o
o
o
o
D
o
o
o
o
o
o
o
Cl
o
o
ZONING ORDINANCE
(7) When closer than ten (10) feet to main building, they shall be considered as
part of the main building and shall be provided with the side and rear yards
required for the main building; and
(8) When more than ten (1O) feet from a main building, they may be erected
within five (5) feet, or easement plus three (3) feet, of a side or rear lot line,
but not within any easement.
5.3.2 A private swimming pool may be permitted as an accessory use, but shall be
located only within the side or rear yard.. No swimming pool or its deck shall be
closer than ten (10) feet to the property line. For purposes for safety, the
fonowing shall apply:
(1) walls or fencing deemed to be impenetrable by the enforcing authority, that
is not less than five (5) feet high completely surrounding the swirnlning
pool and the deck area with exception of self-closing and latching gates
and doors. both capable of being locked; other means not less than five (5)
feet high and deemed impenetnible by the enforcing authority at the time of
construction and completely surrounding the pool and deck area when the
pool is not used; and
(2) a combination of subdivisions (I) through (2) that completely surrounds
the pool and deck with the exception of self-closing and latching gates and
doors which are capable of being locked; and
(3) in conjunction with (1), (2), or (3) a safety pool cover may be used
provided that: .
A there is. a continuous connection between the cover and the deck, So as
to prohibit access to the pool when the cover is completely drawn over
the pool;
. B. it is mechanically operated by key or key and switch such that the
cover cannot be drawn upon or retracted without the use of a key;
c. it is capable of supporting a four hundred pound imposed load upon a
completely drawn cover;
D. it is installed with a track, rollers, rasils or guides; and
E. bears an identification tag indicating the name of the manufacturer,
name of the installer, installation date, and applicable safety standards,
if any. AMENDED BY Z-261 & Z-272.
5.3.3 Tennis courts may be permitted as an accessory use but shall be located only
within a side or rear yard. Open wire mesh fences surrounding tennis courts
may be erected to a height of 16 feet if such fences only enclose a regulation
court area and standard apron areas. Lighting of the court area shall not create
more than five foot candles of light 25 feet from the court perimeter.
5.3.4 Quarters for bonafied servants employed by the occupants of
the dwelling are permitted.
36
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
n
U
o
5.4
-ZONING ORDINANCE
5.3.5 One guest house with cooking facilities may be permitted as an accessory
building on lots containing not less than one (1) acre.
5.3.6 Accessory lighting is permitted; however, no lighting shall cause illllmin::ltion at
or beyond any lot line in excess of 0.1 foot-candles of light .
5.3.7 Private radio, television reception and transmitting towers and antennae are
permitted subject to applicable 10caI. state and federal regulations. No
structure shall be located or pennitted within ten (10) feet of a power
transmission line.
5.3.8 Accessory uses such as public utility installations, private walks, driveways,
retaining waDs, mail boxes, nameplates, ~p posts, birdbaths and structlJres
of a like nature are permitted in any required front, side or rear yard.
Height and Area Requirements (See Section 26.0 for additional regulations.)
5.4.1 Maximum height: 25 feet.
5.4.2 Minimum lot area:
A Lots without service by a Community water system and a community sanitary
sewer system. 43,560 square feet.
B. Lots with service from a community water system, and private septic system,
35,000 square feet.
. .
C. Lots with service from a community sanitary sewer system and private water
system, 25,000 square feet. .
D. Lots with community water system and community sanitary sewer system
15,000 square feet.
5.4.3 Minimum Lot Standards.
A Minimum front yard: 40 feet.
B. Minimum side yard: single-family home - 10 feet;
all other uses - 20 feet
c. Minimum aggregate of side yard: single-family home - 30 feet;
all other uses - 50 feet.
37
0- ~
D.
n
~
0
('
U 5.4.4
0
0
0
0
0
0
C\
0
0
0
0
0
n
W
0
ZONING OR.DINANCE
D. Minimum rear yard: single-family borne - 20 feet;
an other uses - 15 feet.
E. Minimum lot width: single-f.cu:niIy borne - .120 feet;
all other uses - 200 feet.
F. Maximum lot coverage: 35 percent oflot.
Any lot within a qualifYing subdivision, as described in Chapter 7.0 of the
subdivision regulations, is exempt from the requirements of sections 5.4.2 and
5.4.3.
38
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
PL~T
ROADWAY WIDTH
ROW HOUSE OR TO\V"N HOUSE
SOIL ~tA.P
STREET
SUB o [V1S ION
TYPE OF OWNE.~SHIP
TYPE OF STRUCTURE
vlSION CLEARANCE ON COt-.1t:.'fER lOTS
ZERO lOT lIt-i"E..
C. Section 3.7 of me CarmeVClay Zoning Ordinance (2-239). as amended. ~~rir1edDennitions. is.
hereby further amended to change me defInition of the term .'Su13DMSIO~"' to read as follows:
"SUBDIVISION. Any of the following shall be considered the subdivision orland requiring plat
approval by the Plan Commission:
(1) The di....ision of any parcel of land (recorded after January 11, 1980, and before
January 1,1000) into dlree (3) or more pucels. sires or lors. \.vtea more than rwo .
(2) of rhe locs are less than five (5) acres in area, for [he purpose 0 f transfer 0 f
ownership. or buildingdevelopmen~ exc!uding cemeteries: or
(2) The improvement (before January 1,2000) of one (1) or more;:arcels ofland for
residential. commercial or industrial strUctures or groups of SU-,lcrures involvingrhe
subdivision and allocation of land as srreetS or orher open spac~s for common use
bv owners. occuuants or lease holders or as easemems for the ~:m:nsion and
-, .
maintenance of public se'.ver. .,~"are~. storm drainage, or orhe~ p'':Jlic urilities and
facilities; or
(3) Any di ."ision (recorded alter December 31. 1999) of a lot or od:er parcel of land
where: C-\) the division r:sulrs in [\\"0 i1) or more smaller locs or oarce~s. at least
rwo(2) o(which are less than five l5) ac:-es in are3.; (B) the divi:ion resulcsin cwo
(2) or more smaller locs or parcels. any of which from on or utilize an e:l.Seme:it 0 f
access; or te) the division is for the purpose of building deve!c~mem (excluding
cemereries) and a streer is [0 be dedic:lie:i. reserved. or orhe!'w1~~ olatted.
\ .
All di..isions ot"land recorded :l:te~ a certain c~re. :l.S specified in rhis c~inirion~ from a lor
or orher parcel oriand described oJn or before ~h~r date in rhe records ijf:'':e Hamii[on
County Recorde~ shall be counr~d in cecemtinir.g rh~ numbe~ 0 f [ors or ?ucels for the
purpose of this dennirion. The Qrigin:!lloc or ~:!rcel shall also be COl!-r::~:i for ihis purpose.
D. Section Jof[he Floodplain Ordinar.ce (Z-2S7).:1S 1me~ded_ is hereoy fur:::~:- J.mencied to
include the following subparag:-1;>h (h):
Ordinance ~o.
?~ge Thr:: or" Sc:...en PJg~s
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
n
.\.J
EXHIBIT A
Legal Description
APART OF THE NORTHWEST QUARTER OF SECTION 3. TOWNSHIP 17 NORTH OF
RANGE 3 EAST IN HAMILTON COUNTY, INDIANA. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID QUARTER SECTION WInCH
BEARS NORTH 00 DEGREES 09 MINUTES 55 SECTIONS EAST (ASSUMED BEARING)
470.00 FEET FROM THE SOUlHWEST CORNER OF SAID QUARTER SECTION. THENCE .
NORTH 00 DEGREES 09 MINUTES 55 SECONDS EAST UPON AND ALONG SAID WEST
LINE 509.93 FEET TO A POINT WHICH BEARS SOUTH 00 DEGREES 09 MINUTES 55
SECONDS WEST 1605 FEET FROM THE NORTHWEST QUARTER OF SAID QUARTER
SECTION. THENCE SOUTH 89 DEGREES 50 MINUTES 05 SECONDS EAST 520.38 FEET.
THENCE SOUTII 00 DEGREES 09 MINUTEs 55 SECONbS WEST 509.93 FEET, TIIENCE
NORTH 89 DEGREES 50 MINUTES 05 SECONDS WEST 520.38 FEET TO THE PLACE OF
BEGINNING, CONTAINING 6.09 ACRES, MORE OR LESS (5.57 ACRES NET OF RIGHT OF
WAY)
o
o
o
D-
O
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
EXHIBIT B
IN THE BOARD OF ZONING APPEALS
CITY OF CARMEL, INDIANA
SPRlNT SPECTRUM L.P.
Appellant,
Re: Revocation of Building Permit
Number 2001.0627.B by MICHAEL P.
HOLLIBAUGH, in his Capacity as
DIRECTOR OF THE DEPARTMENT
OF COMMUNITY SERVICES,
CARMEL, INDIANA,
) Docket No.
)
)
)
)
)
)
)
)
)
)
)
)
APPEAL
Appellant, Sprint Spectrum L.P. (hereinafter "Sprint'') by counsel, and for its Appeal of
the revocation of its location improvement permit by Michael P. l:Iollibaugh, in his capacity as
Director ("Director'') of -the. Department of Community Services (the "Department''), Carmel,
Indiana, and any other applicable capacity, states as follows:
SUMMARY OF THE CASE
This Appeal arises out of the Director's decision to revoke an improvement location
permit (tlIe "Building Permit'') for property located at 1388 Queens Way, Carmel, Indiana (the
"Site''). The Building Permit permits the collocation (i.e., the inStallation and operation) by
Sprint of certain wireless communication antennae and related improvements and equipment
(collectively, the "Sprint Antenna Equipment'') on an existing 135 foot tall antenna tower
property (the "Existing Tower''). The collocation of the Sprint Antenna Equipment on the
Existing Tower is necessary to provide seamless, reliable wireless telephone and other
Vl. APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PE~UT TO CAR.'l.IEL ZONING BOARD.DOC
o
o
o
o
o
o
o
o
o
o
o
o
D-
O
o
o
o
o
o
communication services to persons located in parts of the City of Cannel and environs. The
Director's purported revocation of the Building Permit was arbitrary, capricious, illegal, unjust,
impermissible and contrary to applicable law. Pursuant to the Carmel/Clay Zoning Ordinance
(the "Carmel Code''), the Director's actions entitle Sprint to, inter alia, an order reversing and
nullifying the Director's attempted revocation of the Building Permit.
PARTIES
1. Sprint Spectrum L.P. is a Delaware limited'partnership, with its principal place of
business at 2300 Shawnee Mission Parkway, Westwood, Kansas, authorized to provide personal
communications services ("PCS'') under license by the Federal Communications Commission
("FCC") in the State ofIndiana.
2. Michael P. Hollibaugh is the Director of the Department and, in that capacity, is
responsible for issuing building permits in the City of Carmel, Indiana
VJ . APPEAL OF REVOCATION OF LOCA nON IMPROVEMENT PERMIT TO CAR."lELlONING BOARD. DOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
JURISDICTION
3. Section 30.1 of the Carmel Code authorizes this Board of Zoning Appeals to hear,
review and determine appeals taken from any order, requirement, decision or determination
made by the Director or any administrative official or board charged with the enforcement of the
Zoning or Subdivision Control Ordinance of the City of Carmel.
4. The Board of Zoning Appeals has jurisdiction to hear and determine this Appeal
pursuant to Section 30.1 of the Carmel Code since this Appeal stems from the order,
requirement, decision and determination by the Director to revoke the Building Permit.
BACKGROUND FACTS
A. Sprint's PCSSystem
5. Sprint, along with its affiliates, is a communications venture committed to
providing a single ~tegrated offering of wireless telephone and other communications services
by building a national wireless network using PCS technology under the brand name "Sprint
PCS." PCS technology is a new generation of wireless service that uses digital transmission to
improve available telecommunications services. It provides a clearer connection, greater
security to users and better accommodates the requirements of internet and other data
transmission. Moreover, PCS technology has substantially greater potential capacity than analog
wireless technology.
6. On or about June 23, 1995, Sprint, through a partnership, was the successful
bidder at the auction held by the FCC for a PCS wireless broadcast license in the Indianapolis
VJ . APPEAL OF REVOCA nON OF LOCATION IMPROVEMENT PERMJT TO CAR..'\.IEL 30NlNG BOAllD.DOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
Major Trading Area ("Indianapolis MTA") which includes Carmel, Indiana. Sprint's
Indianapolis MT A license expires on June 23, 2005.
7. In order to meet its contin~ing obligations under the FCC license and to serve its
custometbase, Sprint must develop and maintain a system of "cell sites" to serve portable
wireles~ communication handsets and mobile telephones. These "cell sites" consist of antennae
mounted on poles, buildings or other structures, connected to small equipment cabinets located
near the antennae. The antennae feed the low power radio signals received from mobile .
communications devices through electronic devices located in the equipment cabinets and,
ultimately, into an ordinary phone line from which the call can be routed to anywhere in the
world.
8. Cell sites are integral to Sprint's PCS network. To maintain effective,
uninterrupted service to a PCS telephone user traveling in a given area, there must be a
continuous interco~ected series of cells, which overlap in a grid pattern approximating a
honeycomb. Additionally, each cell site must be located within a limited area so thadt can
properly interact with the surrounding cell sites and thereby provide reliable coverage throughout .
the cell. Each antenna has a limited maximum coverage area, the extent of which varies,
depending upon several factors, including the height of the antenna, local topography and
vegetation, and the configuration of various existing structures.
9. Sprint's engineers have determined that the Site is critical to the overall
engineering and technical plan of Sprint's network in the Indianapolis MT A.
B. The Site Development Process
Vl - APPEAL OF REVOCA nON OF LOCA nON IMPROVEMENT PERMIT TO CARMEL40NING BOARD.OOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
10. On or about May 14,2001, Sprint entered into a lease agreement with Edwin
Zamber to install and operate a PCS antenna array and related equipment on the existing
approximately 135 foot tall antenna located on the Site. Sprint has detennined that if it had not
been able to collocate on the Existing Tower, no other suitable existing towers or structures were
available within its requisite search area, and that Sprint therefore would have had to build its
own tower support structure to meet its coverage requirements.
11. The Property is zoned "S-l Residence District" pursuant to Section IO-30.ofthe
Carmel Code. Collocation of an antenna facility on an existing tower facility is a "permitted
use" in the S-1 Residence District pursuant to Section 10-30(b) of the Carmel Code.
12. On or about February 22,2001, a contractor for Sprint contacted the Department
to discuss the Sprint Antenna Equipment. In connection with those discussions, the Department
staff acknowledged that the Sprint Antenna Equipment was a pennitted use, and requested that
Sprint house its gro~d level equipment in a brick clad equipment shelter (the "Shelter"). A
separate shelter is not needed by Sprint for installation or operation of the antenna, and Sprint's
ground-level PCS equipment could have been housed in, among other things, equipment cabinets
or in the basement of Mr. Zamber's home. The Shelter's architecture and style duplicates the
design and character of the existing home and pool house, and it meets all applicable zoning
requirements, including height and setback. As a part of the approved plans and specifications,
Sprint agreed to landscape the area surrounding the Shelter.
13. The Shelter is permitted as part of a collocation pursuant to Section I 0-30(b) of
the Carmel Code.
V) - APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PERMIT TO CARMEL 30ND;G BOARD.OOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
14. On or about April 17, 2001, Sprint, through Acquisition Mercenaries, Inc., its
contractor, made application with the Department for the Building Permit. On or about June 4,
2001, Sprint submitted revised plans for the Building Permit application to include the Shelter
requested by the Department's staff.
15. On or about June 15,2001, the Department issued the Building Permit for the
Sprint Antenna Equipment. The Building Permit bears identification number 2001.0627.B
(Copy attached hereto as Exhibit 1).
16. On or about July 9, 2001, Sprint engaged Q Serve Communications ("Q Serve")
as the general contractor for the installation of the Sprint Antenna Equipment.
17. On or about August 6, 200.1, Q Serve began constniction pursuant to the Building
Permit. The Shelter's foundation and all four block walls have been constructed. The brick
veneer of the Shelter is partially complete and other necessary building materials have been
delivered to the Site.
18. On or about August 15~ 200 I, an owner of property adjacent to the Site filed an
application for an appeals action with the Board of Zoning Appeals objecting to the issuance of
the Building Permit.
19. On or about August 15,2001, Jeff Kendall, Building Commissioner for Carmel
issued a stop work order on the project.
20. Without notice or hearing, on or about August 23,2001, the Director sent Q Serve
a one-page letter revoking Sprint's Building Permit. (Copy attached as Exhibit 2) (the
V3 - APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PERMIT TO CARMEL60NTNG BOARD. DOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
"Revocation Letter''). The Revocation Letter sets forth but one basis for the purported
revocation:
This office has determined that, prior to the issuance of a
permit for the proposed "Equipment Shelter" on the "Lease Area"
(as described in your Application for Improvement Location
Permit), the "Parent Tract" should have been divided into two (2)
or smaller parcels. Under Chapter 3 of the Carmel Clay Zoning
Ordinance, this constitutes the subdivision ofland requiring plat
approval by the Plan Commission.
At no time priorto its receipt of the Revocation Letter had Sprint been informed of any alleged
need for plat approval by the Plan Commission.
21. Sprint has incurred over $400,000 in site development expenses through the date
of the Revocation Letter.
22. The Revocation Letter prohibits Sprint from operating a facility necessary t.o its
provision of continuous and uninterrupted wireless communications services and, therefore,
Sprint cannot carry out its federally-imposed obligation to provide such services to the
Indianapolis MTA ~der its licenses. The FCC granted Sprint the licenses to provide PCS
service intending and requiring that such service would be in place as soon as possible. The
permit denial has adversely impacted Sprint's ability to fulfill this Federal goal. In addition, the
Revocation Letter has caused Sprint to suffer a loss of consumer goodwill and critical market
share. This results in a competitive disadvantage which Sprint might not be able to overcome.
CLAIM FOR RELIEF
23. Without waiving or otherwise limiting any other claims or causes of action
available to it, Sprint hereby states and avers that each of the following bases, in and of itself and
without regard to any other basis, compels the reversal of the Director's determination,
V3 - APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PERMIT TO CARMEL lONlNG BOARa.DOC
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
requirement, decision and order under the Revocation Letter and the declaration that the
Revocation Letter is null and void..
A. The Director's Revocation of the Building Permit is Not Permitted Under the
Carmel Code
24. Indiana state law empowers Indiana municipalities to exercise certain powers
concerning the subdivision of real property. That power is not unlimited, but is subject to the
terms and conditions respecting the same imposed by the laws of the state ofIndiana and such
further limitations as may be imposed under applicable local ordinance. The Sprint AntePna
Equipment is not the type of facility which falls within the ambit of applicable subdivision
control law, and the purposes and intents of such regulation would not be furthered in this
context
25. Under applicable local ordinance, no "division" has occurred relative to the Sprint
Antenna Equipment, hence the City has no right, power or authority to impose its subdivision
control ordinances ~th respect thereto.
26. Even if that were not the case, subdivision control authority does not extend to
utility facilities.
27. The specific provisions of the Carmel Code which explicitly authorize the
collocation of the Sprint Antenna Equipment trumpany conflicting provisions of general
applicability .
28. Under the Carmel Code, neither the Director, nor any other board or official, has
the right to issue the Revocation Letter or to attempt to revoke otherwise the Building Permit.
. VJ. APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PERMIT TO CARMELgONING BOARD.DOC
D-
O
o
o
o
o
o
o
o
D
o
o
o
o
o
o
D
o
o
29. Since the sole basis for the revocation of the Building Permit is the alleged failure
to obtain subdivision approval, but no subdivision approval is required under applicable local
ordinance relative to the Sprint Antenna Equipment, the Revocation Letter was without legal
basis, and must be reversed.
B. Other Claims
30. The Sprint Antenna Equipment and the Building Permit are also subject to other
federal and state laws which are not within the purview of the Board of Zoning Appeals. .
.31. A failure by the Board to reverse and revoke the Revocation Letter or to issue any
other relief herein requested may entitle Sprint to pursue any and all such additional claims,
causes of action and forms of relief. Sprint expressly reserves all of its claims, causes of action
and other rights.
WHEREFORE, Sprint prays that the Board enter an order approving this Appeal and
reversing the Revocfttion Letter, thereby declaring the same null and void, and for such other and
further relief as the Board deems appropriate. Please furnish to the undersigned copies of all
reasons relating to your decision.
Respectfully submitted,
LOCKE REYNOLDS LLP
By:
Tho edsole, # 15980-49
Attorney for Plaintiff,
Sprint Spectrum L.P.
LOCKE REYNOLDS LLP
201 North Illinois Street, Suite 1000
VJ - APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PERMIT TO CARMEL~N1NG BOARD.OOC
o
o
o
o
o
o
o
o
D
o
o
D
D
o
o
o
o
o
o
P.O. Box 44961
Indianapolis, Indiana 46244-0961
Phone: (317) 237-3800
Fax: (317) 237-3900
'-
VJ - APPEAL OF REVOCATION OF LOCATION IMPROVEMENT PER..\4IT TO CARMEli:U>N1NG BOAllD.DOC
~
I~
!~
'~]
.~.
in
--
~.
~
~
~
~
'-
~
'I.
~
~
~
~
~
~
IN TIlE BOARD OF ZONING APPEALS
CITY OF. CARl\1EL, ,INDIANA
SPRINT SPECTRUM L.P. ) Docket No. A-III-Ol
)
Appellant, ) .1t~L[[f .
) .. . .~.
Re: Revocation of Building Permi~ ) .4 - ~~~ ..:.:.
Nwnber2001.0627.B byMICHAELP. ) . .\
COpy A'Ui'~' 7VflJ . .-l
HOLLmAUGH, in his Capacity as ) . i
IS 2001 ". .J
DIRECfOR OF THE DEPARTMENT ) ,
OF COMlvWNITY SERVICES. ) DOCs -j
CARMEL, INDIANA, ) <LLL 2:'
MOTION TO DISMISS
Richard Deer, an adjacent property owner to the site commonly known as 1388' Queens, ,
, Way, Carmel, Indiana (the "Site") respectfuny requests that pursuant to Section 30.1 of the
Zoning Ordinance, Ordinance NO. Z-l60, as amended. of the City' of Cannel and Clay
Township, HamiJtonCo\Ulty, Indiana (hereinafter, "Section 30.1 of the Carmel Code"') this
Board of Zoning Appeals dismiss this appeal and would show as fol1ows:
1. Michael P. Holboaugh (the "Director"), in his capacity as Director of the
Department of Community Services (the "Departmene), Carmel, Indiana revoked the issuance
of the improvement location permit (the uILP'') on August 23, 200 1
2. Sprint Spectrum L.P. (the "'Appellant") filed its appeal on September 24,2001
(the '.Appeal") thirty~three (33) days after the revocation of the ILP.
3. The Appeal was not timely filed.
4. Pursuant to Section 30.1 of the Carmel Code, Appellant has to and including
September 2], 200 lin which to file its Appeal.
5. Section 30.1 of the Cannel Code states "All appeals shaD be filed with the
Director within thirty (30) days of the action to be appealed." The action which is the subject
of Appellant's appeal is the revocatlonofthe ILP. The last date which is within thirty (30) days
of the revocation of the ILP is Friday,~eptember 21,2001. The Board of Zoning Appeals must
'Im-
~
WI
~
~
fI
~
~
~
administer the ordinance in accordance with its stated. tenns. T. W. Thorn Const.. Inc. v. City of
Jeffersonville. 721 N.E.2d 319 (Ind. Cl App. 1999). If the Board of Zoning Appeals had
intended that the Appellant sboold have thirty (30) days after the date of the decision to revoke
the ILP to appeal. Section 30.1 of the Carmel Code should have been drafted in accordance with
Ie 36-7-4-1003 which states:
The person shall present the petition to the court
within thirty (30) days after the date of that decision
of the board of appeals.
As drafted. IC 36-7-4-1003 clearly provides for thirty (30) days after the date of a decision by
the Board of Zoning Appeals to present an appeal to the trial court whereas Section 30.1 of the
Cannel Code only allows for an appeal to be filed within thirty (30) days of the date of the actio~
to be appealed. Any interpretation of Section 30.1 of the Cannel Code to the contrary violates
Indiana law as an ordinance must be given its pIaiIly ordinary and usual meaning. Johnson Oil
Co. v. Area Planning Com7n of Evansville and VanderburJili County, 715 N.E. 2d 101171015
(Ind. Ct. App. 1999). Failure to comply with the stated time limitations is fatal to the appellant's
claim. Biggs v. Board of Zoning Appeals ofC.ty of Wabash. 448 N.E.2d693, 694 (Ind. Ct. App.
1983).
6. Assuming for the sake of argument that Appellant's argument that the thirtieth
(30) day feU on September 22, 2001 is correct, there is still DO basis in the Carmel Code for the
~
~.
~
~
~
Appellant to have until September 24,2001 to file the appeal. In certain situations, Indiana Rule
of Trial Procedure 6(A) extends a deadline that wouId. othenvise fall on a Saturday, Sunday, or
legal holiday if the statute is silent as to the method of computing time. However. according to
~e text of Trial Rule 6(A), it only applies to the trial roles, orders of the court, or any applicable
statute. Because the issue in front of the Board of Zoning appeals has to do with the
interPretation of Section 30.1 of the Gannel Code rather than a trial rule, court order or statute;
2
o
0,
1
u
o
o
o
fundamentaJly fair." quoting McBride v. Board of Zoning Appeals ofEvansville~Vanderburgh
Area Plan Com'n; 579 N.E.2d 1312,1315 (Ind. Ct. App. 1999). Thus, Wlless the procedures
o
'D,
o
0,
o
o
,0
o
o
used by the Board of Zoning Appeals to detennine whether the Appellants' case should be heard
are not orderly, impartial and fundamentally fair, they will Dot be held as contrary to law. lei. at
1315.
WHEREFORE, Richard Deer. an adult resident of Indiana, respectfully requests that the
Board of Zotiing Appeals dismiss this appeal because it is untimely under Section 30.1 of the
Cannel Code.
Respectfully submitted.
1~ 8;~
J. Tagg e (Atty No.2 9-49)
BOSE McKINNEY & EVANS LLP
600 East 96th Street
Suite 500
Indianapolis, IN 46240
(317) 574-3732. ..-'
Attorney for Richard Deer,
an adult resident of Indiana
44148
o
o
o
o
3
_,_... TnT"'"
~.OA""';"
o ~ n-
o~. 11"&
o :!J ~
o ~w
> c:::r
o --=:t ._ lloV
o ~~. .,
o ~
". << r2
~i
U ,~ iJ
0..0 .,;
, 0 I. .(1
, ~
D~\ \u
~
'11&
o ~\~ -
D ~.
.lliIIl
I \
,@
_"'fk
I .
,....
".iI
..
'lII1'
a ~
'/Bl'
'1IV
rl
U
o
o
-
Cb
a III'
lll'
...,
.=.
a
/J/l---
.
\If A ~~
'Ilo
at.
W'
WI'
~. Vir
~Vn
t). '&i
~. ".
7> ~G ,-.
..
~ Wfl ~
(\ 9 ..a- ~
. ._ ..., JJ. "1M ·
· q D q. .8
~
i1-
I)- b
'iIIi'
t :8
!"..
U
D ," ~ nl
j'
u
~ ~
. ~;~.
..,.
Q,
\~ · .~m. \'. r n \ ·
n
o
~ Jj
n.
0-
1
o
o
o
o
o
o
o
o
o
o.
o
o
o
o
o
o
o
o
o
ZONING ORDINANCE
5.0 8-1 RESIDENCE DISTRICI'
Pw:pose and Intent. The purpose of this district is to provide for the development of
. innovative residential environments in keeping with the rural character of this distri~ by
providing for a development process that allows a high degree of flexibility in the design
of single-family subcJjvisions. Further, it is the purpose of this district to provide for a
development process that allows for more efficient use of the land through the
introduction of open space and conservation lands within subdivisions. It is the intention
of this district to protect remaining significant natural features within this district by
placing an emphasis on less intensive urban land uses.
5.1 Pennitted Uses:
5.1.1 Antenna, if collocated on an existing or previously approved tower
Home occupation
Kennel, residential
Single-family dwelling
5.1.2 Area Density Requirements for qualifying subdivisions sba1l be regulated on a
sliding scale based upon the amount of open space provided. (see subdivision
regulations, section 7.0)
5.2 Special Uses: (See Section 21.0 for additional regulations.)
Antenna, if visually integrated with or camouflaged on or within a structure other than a
tower (such as a chiinney stack, church spire, light standard, monument, power line
support device or water tower).
Artificla1lake or pond (not part of a plat)
Cemetery
Church, temple or other place of worship
College or University
Commercial greenhouse
Country club
Day nursery
Golf course
Kennel, commercial
Kindergarten
Mineral extraction, borrow pit, top soil removal and their storage
Plant nursery
Power transmission line, in excess of 129 KV A
Private airplane or helicopter landing and/or service facility
34
o
o
o
o
o
o
o
o
o
o
o
r
U
CJ
o
o
o
o
o
o
ZONING ORDINANCE
. ALLEY. A penl1anent public service way providing a secondary means of access to
abutting lands, and not intended for general traffic circulation.
ALTERATION, MATERIAL. Any change to an approved plan ofany type that involves the
substitUtion of one material, species, element, etc. for another.
ALTERATION, MINOR Any change to an approved plan of any type that involves the
revision ofless than ten percent (IOOt'o) of the plan's total area or approved materials.
ALTERATION, SUBSTANTIAL. Any change to an approved plan of any type that involves
ANTENNA A structure or device that is used for the purpose of collecting or transmitting
signals, images, sounds, or information of any nature by wire, radio, visual, or electromagnetic waves,
including but not limited to directional or omni-directional antennas, panels, and microwave or
satellite dishes. The term does not include an amateur radio station antenna.
ARCIDTECTURAL PLAN. A plan for the construction of any structure designed by a
qualified registered architect.
ARTIFICIAL LAKE. A man-made body of water fed by a watercourse.
ASSESSED VALUATION. The monetary value placed on a property and/or building
as established by the assessor with authority over the jurisdiction of this ordinance.
AUTOMOBllE Fll..LING STATION. Any place of business with pumps and under-
ground storage tanks, having as its purpose the selling of motor vehicle fuels and lubricants at
retail.
AUTOMOBllE SERVICE STATION. Any place of business with pumps and
underground storage tanks having as its purpose the retail servicing of motor vehicles with fuels
and lubricants, including minor repairs and inspections incidental thereto but not including a
general repair shop, paint or body shop, machine shop, vulcanizing shop or any operation
requiring the removal or installation of a radiator, engine, cylinder head, crankcase, transmission, .
differential, fender, door, bumper, grill, glass or other body part, or any body repairing or
painting.
BASEMENT. A story having part, but not less than one-half, of its height below grade.
A basement is counted as a story for the purposes of height regulation if subdivided, used for
dwelling purposes other than by a janitor employed on the premises and/or as walk-out access.
8
--------~ ------~-----~ --~- -~- ---
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
PROJECT: Radio Tower Co-locate at 1388
Queens Way, residential subdivision.
. I spoke with Jim Buddenbaum regarding this
permit. (He was provided with an original ILP form and asked to
turn it in when the permit is picked up).
. This is a radio tower on private property that
waS approved, without BZA action, several years ago. The owner
is now attempting to sell co-locate space to Sprint. Buddenbaum,
who represents Sprint and the owner, believes this tower is
grandfathered.
. I told Buddenbaum I wasn't quite as sure as he
and looked quickly through the Ordinance while he was here,
however, he stated his firm had 'helped write the Ordinance' and
. was sure this permit would not require approvals from zoning.
. I took the submittal and e-mailed Laurence
regarding these issues. Laurence says the submittal needs
Special Use approval from the BZA.
. On Weds., April 18, 2001, I left Buddenbaum a
message on his voice mail, advising him of this finding and
recommended he contact Laurence. Whe aurence &
Buddenbaum meet, I will a u enba to come into our office
and retrieve this pactys
Gayle
~:1\~ ~\(\ .
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
ZONING ORI>nolANCE
5.0 8-1 RESIDENCE DISTRICT
PUlpOse and Intent. The purpose of this district is to provide for the development of
. innovative residential environments in keeping with the rural character of this district, by
providing for a development process that allows a high degree of flexibility in the design
ofsingJe-family subdivisions. Further, it is the purpose of this district to provide for a
development process that allows for more efficient use of the land through the
introduction of open space. and conservation lands within subdivisions. It is the intention
of this district to protect remaining significant natural features within this district by
placing an emphasis on less intensive urban land uses.
5.1 Permitted Uses:
5.1.1 Antenna, if collocated on an existing or previously approved tower
Home occupation
Kennel, residential
Single-family dwelling
5.1.2 Area Density Requirements for qualifying subdivisions shall be regufated on a
sliding scale based upon the amount of open space provided. (see subdivision
reguJations, section 7.0)
5.2 Special Uses: (See Section 21.0 for additional regulations.)
Antenna, if visually integrated with or camouflaged on or within a structure other than a
tower (such as a chiinney stack, church SPire. light standard, monument, power line
support device or water tower).
Artificial lake or pond (not part of a plat)
Cemetery
Church, temple or other place ofworsmp
College or University
Commercial greenhouse
Country club
Day nursery
Golf course
Kennel, commercial
Kindergarten
Mineral extraction, borrow pit, top soil removal and their storage
Plant nursery
Power transmission line, in excess of 129 KV A
Private airplane or helicopter landing and/or service facility
34
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
PHOTOGRAPHS
VIEW OF SITE FACING SOUTH
Zamber
IN54XC303-C
11/15/00
VIEW OF SITE FACING WEST
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
o
PHOTOGRAPHS
VIEW OF SITE FACING NORTH
Zamber
IN54XC303-C
11/15/00
VIEW OF SITE FACING EAST
0 ~ - -,--.... ':1 - _I 1\ I I
, 1"'- -
- -I '\. 1.
';'
0 -
-
- -
\,
I
CI - 1) a:.
-...~
: :.-~ -,ca'r( \ _\. ~
I~ ~ ~ 1.L.
;\~ _-_ ~ ;. II ~ - - --~- "1~1~.7 d ~ --.f',S~
~~ . .. 10 11":'- ""j '-' L ~ r'J/'r- a..--
_ _ ~ -:::-- -l---- - L-- 'I-?
-::: _ . _ . .,----u _ ! \
~ ~dT?- - -. - ~, ·
~ ~ =. --T -/0 -;. ~ _ ~ ' .. - #It - _ ~ t.. .
= -=--.. 1-.. _ _ ~\ . ~ . .. c:::I ,. _ ~
iI-=- -. -. _.. I) .<< _ - -- I!!II \ · · '_']I ~t-----
~J -. ~/ -. - # tit" #.. :y- - -~
- -.- - - - ~
_ _. =- - ...." &; - ",' _\ 6 f'.
~..J- _. ) - # -- "W .... ....J....... I
~~-. ~ - ~
S.- ~,\ _ ~~ -: :_-: - -... - - ,_ ~;.
- -~ r - \ ~ ..... · .. 'r -'~f&
:..~~tiCl9 .....-~:. .....- _, ~ _- ~ .... ~ -" 1r-
!~~.. '- __ ,0 "~CI~ .--. .. ~ , - . ~~ -. ~
~/..~. I- - - ~ /~ 0 1- -. ~ ....
~ r~~ <J ,li-=- -t. ~- ~ \.. /.. - ~ -. ~
:w I' . ~ ,--"'~ -'\ ('; - b r: ~~ -" rr
.1rF- ti- ~ \ -'t!'1-. -J '\ .;.. -r I' · ~ ~
~- J - .-" /-v / - - I P
- --! .- ~ --L \. -. A 1- , -8 ~
- - - - ...~--_.... ~.. -=-
~ .~ . ~ r - ./ A'''-'''
~ __ _, _... e_ _" -/ ._ __
-~.,\t r/1.!"'~-t::l - ., -_.-..~ .,~._~ ,;. ~
"1.-~-~~ .....#"1- ~.I .-. "' - .~
- - - r( ~;~-] -';'l'7, - .-~ A - '\,~ - ~.t/-~I ~J
- : - =--::-t~)-". -.--"Y-n ~ ~~~ i;t-"
~ -. .~.~- -"~~::~.r\...J - ~~ ,~- J-p! ~
:= _ _ -. ~. -, I fa ~'..e.- ~J. ... ~
~ - - .
~--- :=:-== 0 C) ~~ - ~.tl'L~~ 1- ~
_~ -~~~ '__ - . ~ _ 7~~O-_~~~
C=~CJ~~ ^ .I.D..... . ~ - .~K4
./ r'i\_ - f- ~ \ ~ L..:)..... ~ - _-, - - 7-1- - fe;.16~
(J
rl BOSE
,. McKINNEY
IJ &EVANSILP
ATTORNEYS AT LAW
U
~
['
J. Taggart Birge
North Office
Direct Dial (317) 574-3732
E-Mail: TBirge@boselaw.com
April 8, 2002
Thomas F. Bedsole
Locke Reynolds
201 North Dlinois, Suite 1000
Indianapolis, IN 46204
Re: Sprint Tower
Dear Mr. Bedsole:
I am writing to reiterate my client's willingness to work with Sprint PCS in order
to relocate your cell tower site to the Crooked Stick Golf Club. As you know, Richard
McBroom, the President of Crooked Stick Golf Club (UCrooked Stick") is very anxious
to have a tower constructed on the course and/or to allow cellular companies such as
Sprint PCS to collocate on the as yet constructed tower. Currently, it is my
understanding that AT&T is going to construct the cell tower on Crooked Stick's golf
course and then seek co-providers of cellular services such as Sprint PCS.
In a phone conversation I had with Richard McBroom in early March, he
reiterated his interest in having Sprint PCS collocate its antenna(on the as yet completed
cell tower. If I can be of any assistance in this matter please let me know.
~
Q
~
u
CI
CI
Very truly yours,
12~8r'rctJ
J. Ta'kkkt Birge ()\
JTBlbat
46655
Downtown . 2700 First Indiana Plaza . 135 North Pennsylvania Street . Indianapolis, Indiana 46204 . (317) 684-5000 . FAX (317) 684-5173
North Office . 600 East 96th Street . Suite 500 . Indianapolis, Indiana 46240 . (317) 574-3700 . FAX (317) 574-3716
www.boselaw.com