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HomeMy WebLinkAboutFindings of Fact -:. .~~ 0" ......",--'... . '. '..,ARMEUCLAY BOARD OF ZONING A~t;ALS CARMEL, INDIANA Docket No.: A-97-01 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 (No.627.01) I Refusal to revoke an Improvement Location Permit (No.627.01) Agency: Department of Community Services Official: Director Date of Decision: June 15. 2001 I 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: Chapter 25 - Additional Use Requlations 4. The written materials submitted to the Board do support the Petitioner because: the use for which the ILP was Qranted (a commercial antenna and unstaffed. unoccupied commercial radio equipment shelter) is not a Permitted Use under the S-1 Residential District and related sections of the Carmel/Clay ZoninQ Ordinance: 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. A-97-01 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 24th day of . -J? c(! CHAIRPERSON, Carmel/Clay Board of Zoning Appeals June SECRETARY, Carmel/Clay Board of Zoning Appeals ~~~~ C:\NrPortbI\N01\MSTUCKEY\43314_1.DOC '-f~PAV ftbvzJd Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) . .' u u CARMEUCLAY BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : A-97-01 Petitioner: Richard Deer FINDINGS OF FACT. APPEAL (Ballot Sheet) 1. 2. 3. 4. 5. 6. 24th DATED THIS DAY OF June 02 ,20 . - ~~~ B~r M~mber BZA Appeal Application - pg 7 u u CARMEUCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : A-97-0l Petitioner: Richard Deer FINDINGS OF FACT. APPEAL (Ballot Sheet) 1. 2. 3. A. 5. 6. DATED THIS 24th DAY OF June 02 ,20_. ~~~7J~~ Board Member BZA Appeal Application - pg 7 u w CARMEUCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : A-97-01 Petitioner: Richard Deer FINDINGS OF FACT - APPEAL (Ballot Sheet) 1. 2. 3. 4. 5. 6. DATED THIS 24th DAY OF June 02 ,20_. r~ .-...."..'1.( .../. ;' ,~." -. .....~ Board Member BZA Appeal Application - pg 7 /'" u u CARMEUCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : A-97-01 Petitioner: Richard Deer FINDINGS OF FACT - APPEAL (Ballot Sheet) 1. .2. 3. 4. 5. 6. DATED THIS 24th DAY OF June 02 ~~ laJZ12\ c--:- ... A'U Board Mem ... BZA Appeal Application - pg 7 ----- .~ · oj! . . u u CARMEUCLA Y BOARD OF ZONING APPEALS Carmel, Indiana Docket No. : A-97-01 Petitioner: Richard Deer FINDINGS OF FACT. APPEAL (Ballot Sheet) 1. 2. 3. 4. 5. 6. DATED THIS 24th DAY OF June 02 ,20_. ~~~~ Boar Member W BZA Appeal Application - pg 7 ~ ! ,,J J 1 \ J ') ~ ~ , ~ ~ ~ ) r (..J _J J / ) ! fJ ) <, u 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) I Refusal to revoke an Improvement Location Permit (2001.0627.3) Agency: Department of Community Services Official: Director Date of Decision: June 15.2001 I 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. o day of .200 ~ vA(8~1 CHAIRP RSON, Carmel/Clay Board of Zoning Ap SECRETARY, Carmel/Clay Board of Zoning Appeals C:\NrPortbI\N01 IMSTUCKEY\43314_1.DOC Conditions of the Board are listed on the back. (Petitioner or his representative to sign.) .. o u '; CARMEUCLAY BOARD OF ZONING APPEALS Cannel, Indiana Docket No. : A - '11- 0 I RI CH-Af-b l)tieg.. Petitioner: FINDINGS OF FACT - APPEAL (Ballot Sheet) 1. 2. 3. 4. 5. 6. DATED THIS fo~ DAY OF :ru/ve ~z~.~ C:v '/~ Board Member BZA Appeal Application - pg 7 o Q CARMEUCLAY BOARD Of ZONING APPEALS Cannel, Indiana OocIcel No. : A-CJ7-ol Petitioner. 12 , C ~ AItt> D eG- J2.. fiNDINGS OF FACT - APPEAL (Banot Sheet) 1. z. 3. 4. 5. .. 6. DATED THIS fa ~ DAY OF :TUN e .s~ '~CC- Board Member BZA Appeal Application - pg 7 u w CARMEUCLAY BOARD OF ZONING APPEALS Cannel, Indiana Docket No. : A-11-ol f<'C~AR-D D€ET2- Petitioner. fINDINGS OF FACT - APPEAl CBanot Sheet) 1. . ~te<fg; _/h9/ <1l{7 --' L~~ a Y~A~A~~~ ~~~~~~~h~ ~~. " 4. 5. 6. DATED nfls ~-#... DAY OF .::r V'Ne . tl),2MZ. .~ Boa . Member l(NO)l VOT-i BZA Appeal Application - pg 7