HomeMy WebLinkAboutFindings of Fact
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'. '..,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
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CHAIRPERSON, Carmel/Clay Board of Zoning Appeals
June
SECRETARY, Carmel/Clay Board of Zoning Appeals
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C:\NrPortbI\N01\MSTUCKEY\43314_1.DOC
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Conditions of the Board are listed on the back.
(Petitioner or his representative to sign.)
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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
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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
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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~
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,~." -. .....~
Board Member
BZA Appeal Application - pg 7
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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
~~
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Board Mem ...
BZA Appeal Application - pg 7
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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
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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.)
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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
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C:v '/~
Board Member
BZA Appeal Application - pg 7
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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.
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3.
4.
5.
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6.
DATED THIS fa ~ DAY OF
:TUN e
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Board Member
BZA Appeal Application - pg 7
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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)
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DATED nfls
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Boa . Member
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BZA Appeal Application - pg 7