HomeMy WebLinkAboutCorrespondence
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BARRINGTON INVESTMENT COMPANY
9247 North Meridian Street
Suite 100
Indianapolis, Indiana 46260-1813
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February 24, 2003
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FED 24 2003
DOCS
Sent via email and facsimile
ctingley@ci.carmel.in.us
RIRSA Y@aol.com
(317) 581-0300
FAX: (317) 581-0900
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Mr. Michael Mohr
President
Carmel board of Zoning Appeals
One Civic Square
Carmel, Indian
Re:
Dear Mr. Mohr:
I am the owner of a single family home located at 11271 Crooked Stick Lane in Carmel. My
property is located at the Southwest corner of Crooked Stick Lane and Ditch Road.
I have been recently advised that the Boarq of Zoning Appeals is considering granting the
permission for the relocation and reconstruction of a private amateur radio tower located at the
above captioned Zamber property to another area of that real estate and further considering
permitting the private tower to be reconstructed under more significant commercial
specifications so as to permit not only the private usage of the tower but also to permit the
commercial usage as well by Sprint and perhaps even by other companies and lor commercial
uses.
I am vehemently opposed to this introduction of a commercial usage into a clearly residential
district. The private tower, as I understand it, is permitted in the residential district as a non-
conforming use.
I submit that alteration, relocation or reconstruction of the tower (particularly to commercial
specifications) may be a violation of the non-conforming use. Further, certainly the introduction
of a commercial usage into an established residential district should be construed as a violation
of your zoning ordinance, and in no way should be considered to be acceptable by you or the
surrounding residents which will be adversely affected.
C:\Program Files\America Online 8.0\download\LellertoNancylrsay0224003.doc
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Further, and perhaps more salient, is the proposed relocation of the tower. Mter speaking with
Mr. Laurence Lilling, Planning Administrator for the City of Carmel, I was informed that such a
tower is, by your ordinance, required to be located therefore, may be a violation. If that is the
case, it beyond a certain minimal distance from surrounding residences. He was not certain, but
believed that the proposed tower would not be located in compliance with the ordinance and
should not be permitted at that location. I find it confusing and disturbing that the proposed
tower relocation would only serve for the betterment of some residences, while severely
impacting others and further creating a potential zoning violation.
We as residents rely on you as our public officials to represent our interests and to properly
administer the zoning ordinance and to preserve the safety and integrity of those you represent
and the property in which they own and reside. Surely, other more appropriate locations should
be pursued before consideration of the introduction of such a contradictory usage at this location.
I might suggest as an alternative, the new park located on 116th near Towne Road, the fire station
at 106th and Shelborne or 116th and Towne Road. The city or County could then be the
beneficiary of some badly needed revenue while responsibly regulating the location of these
towers.
position concerning Therefore, I respectfully request that time be provided, and adequate
evidence be presented to the public relative to the proposed reconsideration of the Board's this
tower.
Finally, please be advised that in the event such adequate time is not provided for consideration
of the matter and its compromises, it is my intent and that of some affected neighbors in the
Crooked Stick subdivision to consider implementing the legal means necessary to intervene until
the matter can be resolved in an educated and acceptable manner.
I appreciate your understanding of my concerns.
Respectfully,
Richard P. Roethke
President
cc: James Brainard - Mayor, City of Carmel
jbrainard(@ci.carmel.in.us
Laurence M. Lillig, Jr. - Planning Administrator
llillig(@ci.carmel.in.us
Walter E. Wolf, Jr.
wwolffij)dannlJccar. com
..._.._.._.._.._.._.._.._~~____..__m._, '''~___'.__.m''''''___''~''__''''';
Nancy Irsay
RIRSA Y@aol.com
C:\Program Files\America Online 8.0\download\LcttertoNan ylrsay0224003.doc
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(317) 581-0300
FAX: (317) 581-0900
9247 North Meridian Street /"
Suite 100 /",
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Indianapolis, Indiana 46260-1813
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February 17, 2003
Sent via email and facsimile
ctingley@ci.carmeLin.us
Mr. Michael Mohr
President
Carmel board of Zoning Appeals
One Civic Square
Carmel, Indiana 46032
Re:
.....
, \
ular Tower;
Dear Mr. Mohr:
I am the owner of a single family home located at 11271 Crooked Stick Lane in Carmel. My
property is located at the Southwest comer of Crooked Stick Lane and Ditch Road.
I have been recently advised that the Board of Zoning Appeals is considering granting the
permission for the relocation and reconstruction of a private amateur radio tower located at the
above captioned Zamber property to another area ofthat real estate and further considering
permitting the private tower to be reconstructed under more significant commercial
specifications so as to permit not only the private usage of the tower but also to permit the
commercial usage as well by Sprint and perhaps even by other companies and lor commercial
uses.
Firstly, I was unaware and not advised of the pending settlement of this issue, nor was my
neighbor, Mickey Powell, who resides on the Northwest comer of Crooked Stick Lane and Ditch
Road.
Secondly, I am vehemently opposed to this introduction of a commercial usage into a clearly
residential district. The private tower, as I understand it, is permitted in the residential district as
a non-conforming use.
I submit that alteration, relocation or reconstruction of the tower (particularly to commercial
specifications) may be a violation of the non-conforming use. Further, certainly the introduction
of a commercial usage into an established residential district should be construed as a violation
C:\Docurnents and Settings\llil1ig\Local Settings\Temporary Internet Files\OLK35\Letter to MichaelMohr 021703.doc
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of your zoning ordinance, and in no way should be considered to be acceptable by you or the
surrounding residents which will be adversely affected.
Further, and perhaps more salient, is the proposed relocation of the tower. After speaking with
Mr. Laurence Lilling, Planning Administrator for the City of Carmel, I was informed that such a
tower is, by your ordinance, required to be located beyond a certain minimal distance from
surrounding residences. He was not certain, but believed that the proposed tower would not be
located in compliance with the ordinance and therefore, may be a violation. If that is the case, it
should not be permitted at that location. I find it confusing and disturbing that the proposed
tower relocation would only serve for the betterment of some residences, while severely
impacting others and further creating a potential zoning violation.
We as residents rely on you as our public officials to represent our interests and to properly
administer the zoning ordinance and to preserve the safety and integrity of those you represent
and the property in which they own and reside. Surely, other more appropriate locations should
be pursued before consideration of the introduction of such a contradictory usage at this location.
I might suggest as an alternative, the new park located on 116th near Towne Road, the fire station
at 106th and Shelborne or 116th and Towne Road. The city or County could then be the
beneficiary of some badly needed revenue while responsibly regulating the location of these
towers.
Therefore, I respectfully request that time be provided, and adequate evidence be presented to the
public relative to the proposed reconsideration of the Board's position concerning this tower.
Finally, please be advised that in the event such adequate time is not provided for consideration
ofthe matter and its compromises, it is my intent and that of some affected neighbors in the
Crooked Stick subdivision to consider implementing the legal means necessary to intervene until
the matter can be resolved in an educated and acceptable manner.
I appreciate your understanding of my concerns.
Respectfully,
Richard P. Roethke
President
cc: James Brainard - Mayor, City of Carmel
ibrainard@ci.carme1.in.us
Laurence M. Lillig, Jr. - Planning Administrator
lli11ig@ci.carme1.in.us
Walter E. Wolf, Jr.
wwolf@dannpecar.com
C:\Docurnents and Settings\1lillig\Local Settings\Temporary Internet Files\OLK35\Letter to MichaelMohr 02 I 703.doc
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; Lillig, Laurence M
From:
Sent:
To:
Subject:
Administrative Assistant [adminassist@barringtonllc.com]
Monday, February 17, 20034:04 PM
'ctingley@ci.carmel.in.us'; 'jbrainard@ci.carmel.in.us'; 'lIillig@ci.carmel.in.us'
Docket A-97-01; Proposed Sprint Cellular Tower
l!J
Letter to
chaelMohr 021703.(
<<Letter to MichaelMohr 021703.doc>>
Richard P. Roethke
President
Barrington Investment Company
317-581-0300
RRoethke@barringtonllc.com
***
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eSafe has scanned this email for malicious content and found it to be clean ***
IMPORTANT: Do not open attachments from unrecognized senders ***
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CITY OF CARMEL, INDIANA I;j ~~c,~\\\ ~~~~? ~\
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Request For Records Pursuant To Indiana Access To Public\~~coras~i' {:-/
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, hereby request of the City of Gorme!,
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The City may provide me with its response to this request:
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Printed Name and City Department: C-onl'lie 1t~7 'Doc S
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Exhibit A
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Dated this /~1:tJay of . ~~ '
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Exhibit A
IZ ILaW\E BlISSlMy O1lcum""lslRecarclsRequestSlFORM lOO1.dccoll4/01]
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CITY 'OF CARMEL, INDIANA '
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, 0 By telephone at
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Exhibit A
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CITY OF CARMEL, INDIANA '. f. '<"':~E\.
. ,~ RECEIVED \~~I
Request For Records Pursuant To IndIana Access To Pub1fs ReJINdOAlO1J2 H
(I.e. 5-14-3-1, et sea., as amended) ~\ DOCS 11
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I. ;;V" L /"-1-; ~ t, "*;J .$ec-~ hereby request of the City of c;orme',
[name optiona ]
"nq;bna. the right to inspect and copy the following records:
/ (I",; -.s. ~ J t:&J... I"f"- ' '" g:J. A J..,uli."J g,J ,1;~N L (p ; Jtl:JJ.
(.)
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Dated this.-&. day of ;;;"~L
, 2001:..
The City may provide me with its response to this request:
o By telephone at
o By facsimile transmission at
CJ By mail at
}it. Other ~~l!lln!ll.
;;t' ..",." ( ". ;J.,r;p'J.. .
~
Received by:
at . r~35,
11:-. m. on 6 -10 , 2002.... .
hoc!~ <:)
Received by Legal Department on: by
Exhibit A
tl. IUW\E BlISSIMy DocIImen15IR=rclsRcqu.Il5IFORM ~OOl.dac4l4/01]
Permit #
451.90
200.94
1445.99
H#821.01
448.94
1072.97
541.00
1097.97
1505.00
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Cell Towers, Mechanical Buildings, Co-Locates
permitted 1990 thru May 21, 2002
BY LOCA nON
Location
201 2nd Street, S.W.
650 E. Carmel Dr.
Satellite Dish
650 E. Carmel Dr.
650 E. Carmel Dr.
1020 3rd Ave., S.W.
211 2nd Ave., S.W.
211 2nd Ave., S.W.
750 E. 106th St.
750 E. 106th St.
Other Information
By GTE Mobilnet Tower with
equipment shelter
Wellington Commodities
GPD Services/Cellular One
Rooftop tower @ Campbell, Kyle,
Profitt
Change out of cabinets at this cell site. No
additional associated minutes/docket #'s.
By Va\com/Cellular One
(Carmel Auto Contours)
Custom Tower Systems/ Ameritech
Va\com Inc.,/Omnipoint
Communications CELL TOWER
By Va\com/Westel Indpls
80' monopole with equipment
shelter
Clear Wire Cellular: Co-Locate. Original tower
#1097.97. BZASUA 89-00 and SUA90-QO"
S:Permits/Cell Tower Information/Permits and Locations by Location
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**1997** 5484 E. 126th St. Sprint Tower constructed @
water plant #5. BPWs approval was
gained, and some conditions were
placed by John Duffy. Also, City
legal was involved with the rental
agreement. NO PERMIT WAS EVER
TAKEN OUT FOR THIS TOWER.
228.02 5484 E. 126 th Street Co-Locate for Verizon wireless to Sprint
tower located at this site. Original tower,
built in 1997 by BPWs approval, never got a
permit. This site is Carmel Water Plant #5.
Tower is a 120 ft. monopole. This permit also
includes a 12 X 30 shelter. ***See
construction notes in CityView for further
information.
736.98 250 E. 96th St. GPD Services Rooftop Satellite
Parkwood Crossing, Bldg. One
737.98 11590 N. Meridian St. GPD Services Rooftop Satellite
Fidelity Plaza Tower
430.99 246 2nd Ave., S.W. Equipment shelter for tower @ this
(City's Water Tower) site. Nextel
Communications
1442.99 5535 E. 131st St. Lowe-North Construction
Antenna inside attic at Northview
Christian Life Church
1480.99 2525 W. 141st St. Valcom/Nextel Communication Tower
(This on a residential property?)
411.00 2525 W. 141st St. Mechanical building for tower. Nextel
Communication/GTE Services)
484.00 2525 W. 141st St. Mechanical building. Valcom/Nextel
S:Permits/Cell Tower Information/Permits and Locations by Location
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884.00
2525 W. 141st St. 'Equipment Shelter' and Co-Locate.
Deerfield Construction/Nextel
600.01
2525 W. 141st St. Co-locate and maintenance building for Sprint
Spectrum L.P. Height restriction of 150 Ft.
See BZA June & Oct. 1999. V32-99; V33-99;
V34-99; V35-99; V36.99.
931.01
2525 W. 141st St. Co-locate and equipment shelter for B&A
Telecom and AT&T Wireless. Docket#39-99
for original tower, HOWEVER, some
difficulty in tracing all meeting minutes. Will
update as soon as possible.
610.00
931 Range Line Rd. Vertical Real Estate/Nextel
Communications CELL TOWER &
EQUIPMENT SHELTER
883.00
931 Range Line Rd. Deerfield Construction/Nextel
Communications/Vertical Real Estate
CO-LOCA nON of equipment building
"communications pad."
******
1451 E. 96th St. NOTE: The original tower at this site did not
receive BZA approval several years ago.
and it was determined by John Molitor.
BZA, & Plan Commission attorney that
approval can be waived. TWO Co-
LOCATES BELOW.
1228.00
1451 E. 96th St. AT&T Co-Locate. NOTE:
(See NOTE - Above)
1256.00
1451 East 96th St. Perfect Wireless Co-locate.
(See NOTE - 2 above)
1280.00
862 W. 131st St. GPD Services/Lattice Communications. CO-
LOCA TE Cell Tower.
S:Permits/Cell Tower Information/Permits and Locations by Location
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28.01
862 W. 131st St. sprint Spectrum/Lattice Commun.: Co-Locate.
Original tower #1280.00 BZA Doc. # Missing
1295.00
11711 N. Meridian St. GPD Services Inc. ROOFTOP Antennae
29.01
10851 Hazel Dell Pkwy Tower Erection & Maintenance.
BZA SE 107-00, approved for a height of 140 '
ft.
627.01 1388 Queens Way
PERMIT REVOKED 8/23/01
Letter in file from Director
Mike Hollibaugh. VOID
Co-locate on existing Hamm radio tower for
Sprint and Q Serve Communications. Per L.L.,
original tower did not go through BZA, and
this application does not have to either.
Permit revoked 8/23/02. B:ZA ClPp~~:t1A:"97-
01tabled. Appeal A-111-01 Dismissea
11/26/01. '\
845.01
11405 N. Gray Rd.... .,::' Near 116th & Gray Rd. Lattice communications
to replace 3 telephone poles, which will be
replaced, re-wired, and have antennas
attached. See Docket #SLJ36~01;BZA-May .
:29,2001. .
1147.01
11405 N. Gray Rd. Co-locate and equipment shelter 12 X 16 for
, PSI Energy and Lattice Communications. See
docket #SLJ.36:..01 and permit #845.01 for
original co-locates.
1234.01
11405 N. Gray Rd. Co-locate for Sprint Spectrum. See SU 36-
01 and original permit 845.01 for further
information.
1113.01
1776 E. 116th St. Tower structure at this address. 95 ft.
monopole & slick mounted antenna on straight
pole. Nextel Communications. See Docket #s
SU 1":01 & ADL.S 98-01. BZA condition for r
increasing pole height for additional co-
locates. Tower also includes 11 X 23
fabricated concrete structure.
S:Permits/Cell Tower Information/Permits and Locations by Location
4
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189.02
635 W. 131st Street
u
Co-Locate for Verizon Wireless to Lattice
Communications tower. See 1280.00 & 28.01
For further information on this tower. Also
see SE59..:QO. Includes 12X16X9 Pre-fab
shelter.
S:Permits/Cell Tower Information/Permits and Locations by Location
5
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CITY OF CARMEL
Department of Community SelVices
One CMc Square
Carmel, IN 4&X32
(317) 571-2417
Fax: (317) 571-2426
Fax
: ~~~;t
From:
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Pages:
Phone: 56 9- Jj'ltfo Date: h ~ D '~6 2-
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PROCEDURAL HISTORY:
1.)
2.)
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5.)
On June 15, 2001, the Director of the Department of Community Services
Issued a permit to allow Sprint to construct an equipment shelter, construct
a paved driveway and attach an antenna/to a private radio tower to provide
cellular Services in Hamilton County (see Tab A); On August 6, 2001, by
Sprint's own admission, construction began on the project - a full 52 days
after the permit was issued.
On August 15, 2001, 9 days after construction began, Mr. Deer, an adjacent
owner, fIled an appeal objecting to the Director's initial refusal to revoke the
Building Permit (see Tab B). The basis of Mr. Deer's appeal is that the
Zoning Ordinance, as written, clearly prohibits the construction activity that
the permit authorized.
On August 23, 2001, the Director revoked Sprint's grant of the permit
on the grounds that the equipment shelter should have been subdivided
from the larger tract and that the subdivision of the tract should have been
submitted for plat approval (see Tab C).
On September 24, 2001, Sprint fIled an appeal of the Director's decision to
revoke the permit (see Tab D).
On November 15, 2001, Tag Birge fi~d a motion to dismiss Sprint's appeal
on the ground that it was untimely under Section 30.1 of the Ordinance.
(see Tab E).
5.)
On November 26, 2001, the Board of Zoning Appeals ruled in a 5-0 vote that
Sprint had failed to timely fIle its appeal.
6.)
On December 21, 2001, Sprint filed for a Writ of Certiorari in front of the
Hamilton County Circuit Court which was granted.
7.)
On June 13, 2002, the Hamilton County Circuit Court will hear Sprint's
lawsuit against the BZA regarding the Board's 5-0 vote that Sprint failed to
timely file its appeal.
8.)
The Board's Hearing on June 6th is not for the purpose of discussing the
Director's decision to revoke the permit, nor Sprint's appeal of the
Director's decision, nor the timeliness of Spri~t's appeal or anything else
that might be at issue before the Hamilton County Circuit Court. Rather,
the purpose of the hearing is to discuss the merits of A-97~ the appeal of
the Director's decision to not revoke the permit for the reasons we have
stated in our petition.
C:\NrPortbl\NOI \SBG\43307 _3.DOC
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SUMMARY OF CASES ON NONCONFORMING USES A~
THE EXPANSION THEREOF
It is important to understand that while nonconforming uses are afforded
constitutional protections, the idea of comprehensive zoning plans is based upon a
philosophy that uses should be neatly segregated and that nonconforming uses do not fit
well in this philosophy. The ultimate purpose of the zoning ordinances is to combine
certain classes of uses and structures as designated areas. Berkev v. Kosciusko County
Board of Zoning Appeals, 607 N.E.2d 730, 732 (Ind. Ct. App. 1993). Because
nonconforming uses by definition detract from the fulfillment of that purpose, zoning
ordinances properly seek to restrain them. Id. In light of this important purpose, Indiana
Courts have refused to permit the expansion of or changes in nonconforming uses in a
variety of situations. See, e.g., Stuckman v. Kosciusko County Board of Zoning Appeals,
506 N.E.2d 1079 (Ind. 1987) (Nonconforming graveyard existing on lots E through K
could not be expanded onto lots A - D); Berkey, 607 N.E.2d 732 (Nonconforming
junkyard could not be expanded beyond land being still used at the time the restrictive
ordinance was adopted); Metropolitan Development Commission v. Goodman, 588
N.E.2d 1281 (Ind. Ct. App. 1992) (Nonconforming 2 unit carriage house apartment
building could not be expanded into 3 units); Tavlor v. Metropolitan Development
Commission, 436 N.E.2d 1157 (Ind. Ct. App. 1982) (Nonconforming use of a building as
a package liquor store did not authorize the change of its use to a tavern); Chizum v.
Elkhart County Plan Commission, 147 Ind. App. 691, 263 N.E.2d 654 (1970) (Poles and
lights for night racing could not be erected at nonconforming daytime racing track;
~
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O'Banion v. State ex reI Shively, 146 Ind. App. 223, 253 N.E.2d 739 (1969)
(Nonconforming sale of beer did not justify use of property of the sale of any other
alcoholic beverage).
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ESTIONS FOR THE BOARD'S CONSIDERATION
Accessory Use is defined in Chapter 3 (Definitions) of the C/C Zoning Ordinance as "a use
subordinate to the main use, located on the same Lot or in the same building as the main use, and
incidental to the main use".
Question: What is the main use of this lot?
Question: How can a Sprint equipment building and facilities that serve the general population
be accessory to an individual single-family residence?
Question: Per Section 5.3.1 (S-I), the Sprint facility must "not alter or change the character of
the premises" to be permitted as an accessory use and structure. Does it?
"Locate" is defined in Webster's New Collegiate Dictionary as "to set or establish in a
particular spot".
"Collocate" is defined in Webster's New Collegiate Dictionary as "to set or arrange in a place
or position; esp.: to set side by side" and as "to occur in conjunction with something".
Question: Why was the term "collocate" used in the ordinance instead of the term "locate"?
Could it be that one reason it was used was to prohibit this exact scenario?
Per Chapter 3 (Definitions) and Section 25.13.1 (Additional Use Regulations), the existing
amateur radio station tower is a "non-conforming use". Section 25.13.4 requires that the use of
the non-conforming tower not be substantially altered.
Question: Does the commercial alteration of this private tower to serve Sprint customers and the
general public in this area constitute a substantial alteration of the existing private use of this
tower?
Question: What alterations to this existing non-conforming tower does Sprint have to make to
this tower to make it useable for them? Is the foundation being altered in any way? Are the
support guy wires being altered in any way? Is the existing antennaf for the amateur radio being
altered in any way? Will the existing amateur radio facilities still be functional?
Question: If the BZA determines that the issuance of the permit was correct, and authorizes this
commercial use of this private, residential non-conforming tower without the necessary public
hearings that the "Tower Ordinance" contemplated, how many other antenna' can be issued
permits to locate on this tower and similar private towers? How many additicfnal equipment
buildings with be issued permits at this location and similar residential locations?
Question: Why does the Department base their position on what (in someone's opinion) the
Ordinance "meant" to say? Do they really mean to say that Sprint is a "hobbyist" and doesn't
need to go through the Special Exception process like all other "commercial operations"?
#47511
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CITY OF CARMEL
Department of Community Services
One Civic Square
Carmel, IN 4Sl32
(317) 571-2417
Fax: (317) 571.2426
Fax
Pages:
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City of Carmel
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
May 22, 2002
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: Projects scheduled to be heard Tuesday, May 28, 2002
J. Public Hearin2:
lj. WTF - Sprint Spectrum (A-97-01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S-I/Residence - Very Low
Density.
On June 15.2001. the Department of Community Services issued Permit No. 627.01B for
the collocation of an antenna on an existin~ ham radio tower at 1388 Queen's Way. The
Department issued the permit per Section 5.1: Permitted Uses of the S-l/Residence District
Ordinance. which lists. "Antenna. if collocated on an existing or l'reviouslv approved tower" as a
permitted use. The term TOWER is defined in the Zoning Ordinance as:
A ground or roof-mounted pole, spire, structure, or combination thereoftaller than
fifteen (15) feet, including supporting lines, cables, wires, braces, and masts,
intended primarily for the purpose of mounting an antenna, a meteorological
device, or other similar apparatus above grade. The term dos not include a water
tower that is owned by public utility or municipally owned utility.
The term ANTENNA is defined as:
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.
Both definitions were adopted per Ordinance No. Z-320. more commonly known as the
"Tower Ordinance" or "Wireless Telecommunications Ordinance."
Page 1
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< Department Report
Board of Zoning Appeals
May 28, 2002
Page 2 of27
It is the Department's position that because the tower located at 1388 Queen's Way was
erected in 1987 prior to the adoption of Ordinance No. Z-320 (Julv 7, 1997), it does not require
Special Exception approval prior to the collocation of an antenna.
The final sentence of the definition of ANTENNA, "The term does not include an
amateur radio station antenna," is not meant to preclude the collocation of antennas on amateur
radio station towers, but to differentiate between hobbYists and those commercial operations that
must go through Special Exception approval in order to locate in the S-1 or other Residential
Districts.
On August 23, 2001, the Director issued a letter revoking the building permit (Permit No.
627.01 B) for the antenna on this site for reasons umelated to this Appeal.
The Department recommends that the Board uphold the Director's initial determination
regarding the issuance of the permit.
Page 2
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BARACK FERRAZZANO KIRSCHBAUM PERLMAN & NAGEL-BERG LLC
333 WEST WACKER DRIVE, sum 2700
CHICAGO, WJNOJS 60606
TELEPHONE: (J12) 9&4-3 UIO
FAX: (~12.) 984-3220
FACSIMILE COVERSHlET
TO:
lobn Molitor
FAX NO.
(317) 843-1543
(847) 384-3110
(847) 384-3061
(317) 137-3900
cc:
10M Buchen
Kate DeRaedt
Thomas Bedsole
FROM: Richard S. Nikchevich
CLmNT CODE: FfRM-OOO
DATE: May 16.2002
\
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THIS TELECOPY CONSISTS OF THIS COVER SHEET AND 2... P AGE(S).
D CONFIRM (Confirmation Upon Request Only): Phone #:
(Click here TxPe Confirmation Nuntberl
o RETURN IMMEDIA TEL Y CONFIRMED 0
THIS MESSAGe IS INTENDED ONLY to-oa THE USE OF THE Il\:DIVIDUAL TO WHOM 1T LS ADDRESSED AND MAY CONTAIN
INfORMA nON THAT IS PIlIVILEGED. CONFIDENTIAL A""''J) EXEMP"r FROM DISCLOSURE UNDER. APPLlCABl.fi LAW. If THB
READER OF THIS MESSAGE IS NOT THE INTE.ND~-o UCIPU!NT OR. THB. l!MPLOYEE Oil AGENT RESPONSIBLE FOR
OELI"E!UNG THe MESSAGE TO THBntTENDED RECIPIENT. YOU AIlE HEREaY NO,\'lflED THAT "NY DISSEMINATION.
DISTRIBUTION Oil COPYrNa OF niIS COMMUNlCATIO'H IS STRICTlY PI1.0HIBITED. IF YOU HAVE REcavm THIS
COMMUNICA.TION IN ERROR. PLEASE NOllf'Y us tMMEOIA.TELY BY TELEPHONE AND 1ll:.''UR.... 'rtiS ORIGINAL MESSAGE
TO US AT THE A80VEAl.)OQESS VIA UNl1EDSTATES POSTAL SERVICE. THAN'K YOU.
If you experience any problems with this transmission, please call (312) 984-3173.
MESSAGE~
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BARACK FERRAZZANO KIRsCHBAUM PERLMAN & NAGELBERG LLC
333 WEST WACKER DRIVE. SUITE 2700
CHICAoo. lI.t.INOIS 6<1606
Rkurd S. Nikche~ich
(312) 629.7344
Voit~ Mail Exl.4344
riCfl.nikl:hevlcll@blkpn.c:om
Te1tpho1te (312) 9&4-3100
facsimile (312) 984--JISI)
May 16. 2002
VIA FACSIMILE
John Molitor, Esq.
Molitor & Grisham. P .A.
11711 North Meridian Street. Suite 200
Cannel, Indiana 46032
Re: Appeal to the BOtJrd of L.oning Appeals of rIle City of Carmel -Clay Township (ehe
"BU") flied by Richord Deer relative 10 rhe Sprim PCSfuciJilY at 1388 Queens
Way. Carmel, Indiana (ehe "Deer Appea/'?
Dear John:
As you know. you have advised us thalthe BZA has scheduled a hearing on the Deer
Appeal for the evening of May 28, 2002. One purpose of this letter is to confinn that Sprint
Spectrum L.P. ('ISprint") will be given an opportunity to participate in the Deer Appeal, and that
no further action is required of Sprint in advance 0 f the BZA hearing. Please let me know
immediately if the foregoing statement is inaccurate or incomplete, or if the hearing might be
postponed due to lack of quorum or ifthere are any other potential changes in the hearing
logistics.
So that we might have a reasonable opportUnity to prepare for the Deer Appeal, we would
also like to request of the BZA and the City of Cannel (the "City"), through you, true, correct
and 1mPlete copi es of the following materials:
. (i) The application for the Deer Appeal, together with any rulings or other actlons
taken thereon, together with any correspondence to or from Mr. Deer, lhe City or BZA or their
rq>resZiVC' reloting 10 the Doe, Appeal or, the ..bjed building penni~
(ii) The City's zoning ordinance (and any other applicable local land use regulations)
at all times relevant to the Deer Appeal (collecti\'eIY.lhe "Zoning Ordinance");
~i) The rules of procedure or any similar materials of the BZA;
All zoning, building pennie and other applications tiled with the BZA or the City
(col chv y, "Applications") for other existing or proposed I' Antenna" (as defined in the Zoning
Ordinance") facilities located in the City or elsewhere within areas of me BZA'sjurisdiction
(collectively, 'IOther Antenna Facilllies") that have been approved under or in connection with
U.~:!l..'
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BARACK FERRAlZANO KIRSCHBAUM P&tLMAN & NAQELBERG 1.l.e
John Molitor, Esq_
May 16,2002
Page 2
Section 5.1.1 or the Zoning Ordinance (or any predecessor provision), together with copies of an
ordinances, resolutions, rulings. approvals, permits, licenses or other delemlinations
(collectively, "0 inatioos") issued in connection therewith;
..1\11 Applications for Other Antenna Facilities that have been denied under or in
cOft 'ill Section 5.1.1 ofthe Zoning Ordinance (or any predecessor zoning provision).
together with co - of all Detenninations issued in cOMection therewith;
1) ,. Any other building penniLs or special use permits or other Applications or
De ions (not otherwise addressed above) issued for Other Antenna Facilities thal
. valved a colIo ion of Antenna on an existing or previously approved tower;
n) All Applications and Oelenninalions relating to subdivision control for Other
An llities; and
Aviii) The agenda for the BlA'S hearing scheduled for May 28. 2002.
Given applicable lime constraims, please forward the foregoing materials to me as soon as
possible. To the extent that some ofllle foregoing materials are nOl immediately available.
please forward to me immediately the materials that are presently available and then lorward to
me the other materials as and when the same become available. We will. of course, pronlptly
reimburse you and the City for all of your LlSual photocopying and ovemigllt courier charges
incUITed in connection with your providing the foregoing materials to me pursuant lo this
request.
If you are in any way unclear as to what I am requesting, please call me at (312) 629-
7344 or (312) 933-4100. If [ am unavailable, you can also ask for Scott Porterfield or SteVe
Yalvin of this office. Thank you in advance for your anticipated cooperation in this request.
Richard S. Nikchevich
RSN/tby
cc: John Buchert (via fax)
Kate DeRaedt (via fax)
Thomas Bedsole (via fax)
W. Scott Porterfield
Steven J. Yatvin
I:\"~:!I..'
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Time:
Place:
AGENDA:
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City of Carmel
Carmel/Clay Board of Zoning Appeals
Regular Meeting
May 28, 2002
7:00 P.M.
Council Chambers
Second Floor
Carmel City Hall
One Civic Square
Carmel, IN 46032
A. Call to Order (7:00 p.m.)
B. Pledge of Allegiance
C.
D. Roll Call
E. Declaration of Quorum
F. Approval of Minutes of Previous Meeting
G.
H. Communications, Bills, and Expenditures
I. Reports, Announcements, Legal Counsel Report and Staff Concerns:
J. Public Hearin~:
Ij. WTF - Sprint Spectrum (A-97-01)
Appellant(an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S-I/Residence - Very Low
Density.
Filed by J. Taggart Birge of Bose McKinney & Evans for Richard Deer.
2j. Smokey Ridge, Section 3, Lot 63 (V-17-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.9:
Drainage in order to allow a swimming pool to encroach three (3) feet into a platted
Drainage Easement.
The site is located at 13719 Smokey Ridge Overlook. The site is zoned R-l/Residence.
Filed by Marjorie A. Mikels of Pools of Fun for Thomas A. & Melinda Endicott.
Page 1
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CarmeVClay Board of Zoning Appeals
May 28, 2002
Page 2 of6
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3-4j. Tabledto the June 24,2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 4a (V-18-02; V-19-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-18-.02 s25. 7.02-1 (b): Number & Type 2 Subdivision Signs
V-19-02 S25. 7. 02-1 (b): Number & Type unmatched Subdivision Signs
The site is located on the southwest comer of West Dellfield Boulevard and Hazel Dell
Parkway. The site is zoned S-l/Residence - Low Density.
Filed by Joseph M. Scimia of Baker & Daniels for Drees Homes.
5-6j. Tabled to the June 24,2002, agenda at Petitioner's request.
Lakes at Hazel Dell, Section 1, Common Area 6 (V-20-02; V-21-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-20-02 s25.7.02-1(b): Number & Type 2 Subdivision Signs
V-21-02 S25.7.02-1(b): Number & Type unmatched Subdivision Signs
The site is located on the northeast comer of East Dellfield Boulevard and Hazel Dell
Parkway. The site is zoned S-l/Residence - Low Density.
Filed by Joseph M. Scimia of Baker & Daniels for Drees Homes.
7j. St. Peter's United Church of Christ (V-28-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 27.3.2 in
order to forego the installation of perimeter parking lot curbing.
The site is located at 3106 East Carmel Drive. The site is zoned R-l/Residence within
the State Highway 431/Keystone Avenue Overlay Zone.
Filed by David R. Barnes of Weihe Engineering for St. Peter's United Church of Christ.
8j. Carmel/Clay Schools - Orchard Park, Lot 78 and Block B - Orchard Park
Elementary (V -29-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 25.7.02-5:
Institutional Uses; (b): Number & Type in order to establish two (2) Institutional Signs.
The site is located at 10404 Orchard Park South Drive. The site is zoned R-l/Residence.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
9-10j. Carmel/Clay Schools - Towne Meadow Elementary (V-30-02; V-31-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-30-02 S25. 7.01-2 22.22-square-foot traffic directional sign #1
V-31-02 ~25. 7.01-2 22.22-square-foot traffic directional sign #2
The site is located at 10850 Towne Road. The site is zoned S-l/Residence - Very Low
Density.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
Page 2
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Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 3 of6
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ll-15j. Carmel/Clay Schools - Cherry Tree Elementary (V-32-02; V-33-02; V-34-02; V-35-
02; V-36-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-32--02 S25.7.01-2 13.24-square-foot traffic directional sign #1
V-33-02 S25.7.01-2 4.28-square-foot traffic directional sign #2
V-34-02 S25. 7.01-2 6.82-square-foot traffic directional sign #3
V-35-02 S25. 7.01-2 6.82-square-foot traffic directional sign #4
V-36-02 S25.7.01-2 51.75-square-foot institutional sign #5
The site is located at 13989 Hazel Dell Parkway. The site is zoned S-l/Residence - Low
Density.
Filed by Chris Hinkle of Paul I. Cripe, Inc. for the Carmel/Clay School Corporation.
16j. Appel Heating & Air Conditioning (V-37-02)
Petitioner seeks approval of a Developmental Standards Variance of Section 26.4.5(c) in
order to reduce the side perimeter bufferyards on the north and south property lines to
zero (0) feet.
The site is located at 530 South Range Line Road. The site is zoned I-l/Industrial.
Filed by Adam L. DeHart of Keeler-Webb Associates for Appel Heating & Air
Conditioning.
17-28j. Carmel/Clay Schools - New Middle School (SU-38-02; V-39-02; V-40-02; V-41-02;
V-42-02; V-43-02; V-44-02; V-45-02; V-46-02; V-47-02; V-48-02; V-49-02)
Petitioner seeks Special Use approval in order to establish a middle school on 159.823:1:
acres.
Petitioner also seeks approval of the following Developmental Standards Variances:
V-39-02 S5.4.1: Maximum Height 45' 4" principal building height
V-40-02 S25.7.01-2 15. 17-square-foot traffic directional sign A
V-41-02 S25.7.01-2 3' 3" traffic directional sign A
V-42-02 325.7.01-2 13.42-square-foot traffic directional sign B
V-43-02 S25.7.01-2 3' 3" traffic directional sign B
V-44-02 S25.7.01-2 12.55-square-foot traffic directional sign C
V-45-02 S25.7.01-2 3' 3" traffic directional sign C
V-46-02 S25.7.02-5(b)(i) three (3) institutional signs
V-47-02 S25.7.02-5(c)(i) 93.0-square-foot east wall institutional sign
V-48-02 S25.7.02-5(c)(ii) 24-square-foot changeable copy
V-49-02 S25.7.02-5(d) 6' 2" institutional found sign
The site is located on the southeast comer of West l26t Street and Shelbome Road. The
site is zoned S-l/Residence/Estate.
Filed by Jeff Bolinger of FanningIHowey Associates for the Carmel/Clay School
Corporation.
Page 3
Q
CarmeVClay Board of Zoning Appeals
May 28, 2002
Page 4 of6
o
29-30j.Newark Addition, Lots 1 - 4(part) - Mohawk Landing (V-50-02; V-51-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-50-02 ~25. 7.02-11 (d)(i) 10' center identification height
V-51'-02 ~25. 7.02-11 (g)(i) center identification copy
The site is located on the southeast comer of City Center Drive and South Range Line
Road. The site is zoned B- 7/Business.
Filed by Paul G. Reis of Drewry Simmons Pitts & V omehm for the 5254 Tivoli
Partnership and Kosene Mohawk, LLC.
3l-32j. Hamilton County Senior Services (V -52-02; V -53-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-52-02 ~27.3.2 forego parking lot curbing
V-53-02 ~27.5 reduced number of parking spaces
The site is located at 1078 Third Avenue Southwest. The site is zoned I-l/Industrial.
Filed by Sandra Stewart of Hamilton County Senior Services, Inc.
33-45j. Carmax Auto Superstores (V-54-02; V-55-02; V-56-02; V-57-02; V-58-02; V-59-02;
V-60-02; V-61-02; V-62-02; V-63-02; V-64-02; V-65-02; V-66-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-54-02 ~ 14.6: Landscaping Requirements 15' north and east bufferyards
V-55-02 S25.7.01-2 8' traffic directional sign El
V-56-02 ~25. 7.01-2 4-square-foot traffic directional sign El
V-57-02 S25.7.01-2 8' traffic directional sign E2
V-58-02 S25.7.01-2 4-square-foot traffic directional sign E2
V-59-02 S25.7.02-8(b)(i} five (5) identification signs (A, B, Bl, C, D)
V-60-02 S25.7.02-8(b)(ii} three (3) id signs oriented east (B, C, D)
V-61-02 S25. 7.02-8(c} 1 93-square-foot wall identification sign A
V-62-02 S25.7.02-8(c} 1 93-square-foot wall identification sign C
V-63-02 ~25. 7.02-8(c} 78.33-square-foot ground identification sign B
V-64-02 S25. 7.02-8(c} 78.33-square-foot ground identification sign B 1
V-65-02 S25.7.02-8(d} 8' groundidentificationsignB
V-66-02 S25.7.02-8(d} 12' 3W' ground identification sign Bl
The site is located on the northwest comer of East 96th Street and Gray Road. The site is
zoned B-3/Business.
Filed by E. Davis Coots of Coots Henke & Wheeler for Cannax Auto Superstores, Inc.
Page 4
Q
Carmel/Clay Board of Zoning Appeals
May 28, 2002
Page 5 of6
o
46-66j. St. Vincent's Carmel Hospital (V-67-02; V-68-02; V-69-02; V-70-02; V-71-02; V-72-
02; V-73-02; V-74-02; V-75-02; V-76-02; V-77-02; V-78-02; V-79-02; V-80-02; V-81-02; V-
82-02; V-83-02; V-84-02; V-85-02; V-86-02; V-87-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-67-02 925.7.01-2 39-square-foot "EMERGENCY" TDS (20-1)
V-68-02 925.7.01-2 11.07-square-foot "Ambulance Exit Only" IDS (20-4)
V-69-02 925. 7.01-2 11. 07 -square-foot "Ambulance Entrance" TDS (20-5)
V-70-02 925.7.01-2 14.5-square-foot "Main Entrance" IDS (25-1)
V-71-02 925. 7.01-2 1 0.94-square- foot "Emergency" IDS (25-2)
V-72-02 925.7.01-2 forty-one (41) 4-square-foot section TDS (30-#)
V-73-02 925.7.01-2 ten (10) 17.25-square-foot director TDS (32-a)
V-74-02 925.7.01-2 ten (10) 5' 2" director IDS (32-a)
V-75-02 925.7.01-2 ten (10) 14.06-square-foot director TDS (32-b)
V-76-02 925.7.01-2 ten (10) 4'6" director TDS (32-b)
V-77-02 925.7.01-2 five (5) 4.75-square-foot bldg entrance id # TDS (22-#)
V-78-02 925.7.02-5(b)(i) eight (8) institutional signs
V-79-02 925.7.02-5(c)(i) 70.06-square-foot institutional sign (10-1)
V-80-02 925.7.02-5(c)(i) 70.06-square-foot institutional sign (11-1)
V-81-02 925.7.02-5(c)(i) 77.7-square-foot institutional sign (12-1)
V-82-02 925.7.02-5(c)(i) 77.7-square-foot institutional sign (12-2)
V-83-02 925.7.02-5(c)(i) 144-square-foot institutional sign (20-2)
V-84-02 ~25. 7.02-5(d) 5' 4" institutional sign (10-1)
V-85-02 925. 7. 02-5 (d) 5' 4" institutional sign (11-1)
V-86-02 925.7.02-5(d) 8' 9" institutional sign (12-1)
V-87-02 925. 7. 02-5 (d) 8' 9" institutional sign (12-2)
The site is located at 13500 North Meridian Street. The site is zoned B-6/Business within
the US 31IMeridian Street Overlay Zone.
Filed by Becky R. Feigh of BSA Design for St Vincent Hospital & Health Care Center,
Inc.
67-68j. Little Farms Addition, Lot 46 (V-89-02; V-90-02)
Petitioner seeks approval of the following Developmental Standards Variances:
V-89-02 925.9: Drainage accessory bldg encroaching in drainage easement
V-90-02 ~25.1.1 (B)(3)(b)(i)(b) accessory building setback
The site is located at 10401 Ethel Drive. The site is zoned R-l/Residence and R-
3/Residence within the Home Place District Overlay Zone.
Filed by Timothy M. & Melanie Rae Brower.
Page 5
.
Carmel/Clay Board of Zoning ~pealS
May 28, 2002
Page 6 of6
o
K. Old Business.
lk. Martin Marietta Materials (UV -23-02)
Petiti.oner seeks approval of a Use Variance of Section 5.1: Permitted Uses in order to
establish a Sand and Gravel Processing Operation.
The site is located on the northeast comer of East I06th Street and Hazel Dell Parkway.
The site is zoned S-l/Residence - Low Density.
Filed by Thomas H. Engle ofBames & Thornburg for Martin Marietta Materials, Inc.
2-Sk. Martin Marietta Materials (SU-24-02; SU-25-02; V-26-02; V-27-02)
Petitioner seeks Special Use approval of a Sand and Gravel Extraction Operation and an
Artificial Lake.
Petitioner seeks the following Developmental Standards Variances:
V-26-02 ~5.2.2: Other Requirements ISO-foot setback
V-27-02 ~5.2.2: Other Requirements lOO-foot setback
The site is located on the northwest comer of East I06th Street and Hazel Dell Parkway.
The site is zoned S-l/Residence - Low Density.
Filed by Thomas H. Engle ofBames & Thornburg for Martin Marietta Materials, Inc.
L. New Business.
lL. Board to consider amendments to the Board of Zoning Appeals Rules of Procedure.
M. Adjourn.
Page 6
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o
City of Carmel
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
March 20, 2002
Department Report
To: Board of Zoning Appeals Members
From: Department of Community Services
Re: Projects scheduled to be heard Monday, March 25, 2002
H. Public Hearin2:
Ih. This Item Currently Tabled at Petitioner's Request:
WTF - Sprint Spectrum (A-97-01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation of a WTF antenna on an existing private radio tower. The site is located at
1388 Queen's Way. The site is zoned S-l/Residence - Very Low Density.
On August 23.2001. the Director issued a letter revoking the building permit (Permit No.
627.0IB) for the antenna on this site. The Department believes it would be premature to
consider this petition until the matter of the Subdivision of the Subiect Property has been
addressed.
The petitioner has requested that this Item be Tabled until such time as the matter of the
Subdivision of the property has been addressed.
Page 1
I
Time:
Place:
U Q
City of Carme
Carmel/Clay Board of Zoning Appeals
Regular Meeting
March 25, 2002
7:00 P.M.
Council Chambers
Second Floor
Carmel City Hall .
One Civic Square
Carmel, IN 46032,
As authorized under the Open Door Law, an Executive Session of the Board will be held at
6:30 p.m. in the Caucus Rooms to discuss pending litigation.
AGENDA:
A.
B.
C.
D.
E.
F.
G.
H.
1h.
1-3h.
Call to Order (7:00 p.m.)
Pledge of Allegiance
Roll Call. . .
Declaration of Quorum
Approval of Minutes of Previous Meeting
Communications, Bills, Expenditures and Legal Counsel Report
Reports, Announcements and Staff Concerns:
Public Hearing:
This Item Currently Tabled at Petitioner's Request:
WTF - Sprint Spectrum (A-97-01)
Appellant (an Interested Party) wishes to appeal the decision of the Director regarding the
collocation ofa WTF antenna on an existing private radio tower.
The site is located at 1388 Queen's Way. The site is zoned S-l/Residence - Very Low
Density.
Filed by J. Taggart Birge of Bose McKinney & Evans for Richard Deer.
d~
. 3/()
Bauer Commercial Park- World Wide Motors (V-16 -01; V-164-0~
Petitioner seeks approval to vary Section 25.7.02-7(b) in order to establish a third
Identification Sign. The petitioner also seeks approval to vary Section 25.7.02-7(e) in
order to establish a Ground Identification Sign within the setback from the proposed
right-of-way as identified on the Thoroughfare Plan.
The site is located at 3900 East 96th Street. The site is zoned B-3/Business.
Filed by Michael T. Crowley of The Reis Law Firm for W orId Wide Motors, Inc.
Page 1
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.!:!!!!P, Laurence M
From:
Sent:
To:
Subject:
John R. Molitor [johnrmolitor@prodigy.net]
Thursday, May 02, 2002 4:50 PM
Lillig, Laurence M; Hollibaugh, Mike P
RE: zamber tower
//5,-': --~IZ:~,>
I'll let Sprint's attorneys ~Q~~~ '~(~
John /..j ~~ \/..\
{'-_I ,~'\\\ \.._\
-----Original Message----- I-I ~~/ ~ I,' 'I
From: Lillig, Laurence M [m?jilto~~I~qJi!ci.c9Erpel.in.uS]
Sent: May 2, 2002 11: 48 AM \.:::..\ '~~J:'?);7
To: Hollibaugh, Mike P \,~\ 'j
Cc: John R. Molitor (E-maifzV>'>", /7" l
Subj ect: RE: zarnber tower '<..! ";'j--"'~~'^;.Y'
'<!.-.L~~_V
I spoke with Tag Birge; he will be ready to go on the 28th.
> -----Original Message-----
> From: Lillig, Laurence M
> Sent: Friday, April 26, 2002
> To: Hollibaugh, Mike P
> Subject: RE: zarnber tower
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
11:25 AM
Hallelujah!
It would be my pleasure.....
-----Original Message-----
From: Hollibaugh, Mike
Sent: Friday, April 26, 2002
To: Lillig, Laurence M
Subj ect : zarnber tower
P
11:22 AM
LL
john and I were talking...can we put Tag's appeal on the agenda for
May?
would you give Tag a call to let him know this is going to happen...
thanks
m
1
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.!:!!!!P, Laurence M
From: Lillig, Laurence M
Sent: Thursday, May 02, 2002 11 :48 AM
To: Hollibaugh, Mike P
Cc: John R. Molitor (E-mail) --,
Subject: RE: zamber' tower 1-
, ~ltt;a \- \
I spoke with Tag Birge; he will be reagy to gNAfi ttW'r~f- - \
,,' ~ P(}Op tj
0.. 1M" D('l,..'S i^ ~ I
----- nglna eU~II' geLa----- M \(:-\ Vv. I'/
From: Ig, urence _\c;~ ",,"/
Sent: Friday, April 26, 2002 11:25 ~>-""- /1; /
To: Hollibaugh, Mike P "'-4;'T'T'F~\'y\/
Subject: RE: zamber tower ",-.J....:._,---
Hallelujah! It would be my pleasure.....
-----Original Message-----
From: Hollibaugh, Mike P
Sent: Friday, April 26, 2002 11:22 AM
To: Ullig, Laurence M
Subject: zamber tower
LL
john and I were talking...can we put Tag's appeal on the agenda for May?
would you give Tag a call to let him know this is going to happen...
thanks
m
1
Q
1!!!!i, Laurence M
From:
Sent:
To:
Subject:
./ -
Hollibaugh, Mike P
Friday, April 26, 2002 11 :22 AM} A...
Lillig, Laurence M .! ~
zamber tower '-; '"~t~~~~ \~
(j ~V~ t~ ?~~? E;I
LL :; . ,\ ~oCS i~/J
\c \ ;'f'
\/).. /<)
john and I were talking...can we put Tag's appeal on the aget~.~~j~!TM~XX(~V
~i-!.. ; i! \....:-/
would you give Tag a call to let him know this is going to happen... -'--~
thanks
m
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.,. . ""9
SFM Mar 2001: Microwave And Radiofrequency Radiation Exposure: A Growing Environmental Health Crisis?
U
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Page lof6
I'" h orne
,... ernalf
.. news
........What's New
,.,.,.,.Bea1 th care
y patients
.........choosincr Care
........SF Physician .........
.,.,.,.,.,.,.",.Finder
I. lIbrary
.,.:...:.San Francisco '.:.:.:.:.
:.:.:.:.:lIedicine
.........Resources
.. SFM5
,...,.,.;.0 We Are
.:.:.:.:-Hembershi'D & .:.:.:.:.
.................Benefi ts
Microwave And Radiofrequency Radiation
Exposure: A Growing Environmental He
Crisis?
Cindy Sage
Can radiofrequency radiation (RFR) adversely affect vital
processes in the human body? The answer is clearly yes. Ca
occur at environmental levels of exposure? The answer is c1earl
yes. Which processes? What levels? This short paper is an
introduction to what we know (and do not know) about RFR.
Bioeffects that are reported to result from RF exposure include
changes in cell membrane function, major changes in calcium
metabolism and cellular signal communication, cell proliferation,
activation of proto-oncogenes, activation of HSP heat shock
proteins as if heating has occurred when it has not and cell
death. Resulting effects reported in the scientific literature
include DNA breaks and chromosome aberrations, increased free
radical production, cell stress and premature aging, changes in
brain function including memory loss, learning impairment,
headaches and fatigue, sleep disorders, neurodegenerative
conditions, reduction in melatonin secretion and cancer. The
virtual revoiution in science taking place now is based on a
growingreco'gnition that non';thermal or low intensity RF
exposure can be detected in living tissues and results in well-
defined bioeffects.
The most rapidly growing environmental pollutant in today's
environment is probably electromagnetic fields (EMF) including
radiofrequency radiation. Public exposure to electromagnetic
radiation (radiofrequency and microwave) is growing
exponentially worldwide with the introduction and use of cordless
phones, cellular phones, pagers and antennas in communities
designed to transmit their RF signals. Cell phone exposures can
be intense enough to cause DNA damage and/or failure to repair
DNA damage in the brain. It's not necessarily the heating that
causes damage. It appears to be exposure to non-thermal levels
of RFR that interferes with normal body processes in the brain,
skull, ear and nerves of the head, neck and face.
http://www.sfms.orglsfmlsfm30Ih.htm
8/13/01
SFM Mar 200 I: Microwave And Radi('~uency Radiation Exposure: A Growing Envir"TlIIlental Health Crisis?
""i .. U U
Page 2 of6
Casual use (a few hours per month) has not yet been linked to
increased brain tumors, but heavy users like some business
..travelers".r.e.altocs.a.nd..pmesic:ians have.not .V.et.b.een..studiedasa
group so any reassurance given to cell phone users in recent
media coverage of the Muscat study, for example, is false
reassurance. The Muscat (JAM A 2001) study compared infrequent
users (less than one hour per month) to frequent users (greater
than 10 hours per month) effectively blurring any effect for users
who may bill 1000 or 2000 or even 2500 minutes per month.
However, even this study did report a doubling of risk for
neuroepithelial tumors. And a tripling of eye cancer (uveal
melanoma) was recently reported in cell phone users. The first
cancer related to cordless phone use was reported in Sweden
where such use was linked to development of an angiosarcoma.
Some oncologists and brain <:ancer sur.9E!ons report they have
excised brain tumors positioned along the antenna alignment and
on the side of the head as the cell phone has been used in heavy
cell phone users. Although the U.S. media has been relatively
silent on reporting studies linking RFR to health effects, this is
not true of western European countries, Australian, Israel, the
former USSR and China.
Chronic long-term exposure to lower-level RFR from wireless
antennas is also linked to some of these effects, particularly on
the immune system, mental function, sleep interference and on
DNA. These exposures are reported in the range of 0.1 to 10 or
20 micrwatts per centimeter squared exposure (a measure of
power density in the air). An alternate measure is SAR or speCific
absorption rate which tells how much energy deposition occurs
inside the body (how much RFR is absorbed by different tissues).
SARs as low as 0.0024 watts/kilogram whole body exposure at
cell phone frequencies are reported to cause serious interference
with bOdy processes (in this case DNA damage and/or DNA repair
processes) .
Long-term and cumulative exposure to such massively increased
RF has no precedent in history. These exposures simply did not
exist 150 years ago. Life on earth evolved with vanishingly small
RF exposures, most of that from natural lightning. We have
increased the background nonionizing radiation by 1012. There is
no conclusive scientific evidence on the safety or risk of such
exposures, but a growing body of scientific evidence reports such
bioeffects_and adverse health effects are .p.ossible.,ifnot probable.
The weight of the evidence that bioeffects occur with RFR
exposure is beyond argument and some of the evidence suggests
that serious health effects may result, particularly from
.....c.uro.uJatl'le ..Qt..d\ronicexposure. SciMtifiC.itudy.o.n.cumulat!\!e
effects is very incomplete, and some studies report that low-
intensity chronic exposure may produce permanent adverse
health consequences.
Public Policy and the Precautionary Principle
http://www.sfms.orglsfm/sfm30Ih.htm
8/13/01
#
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.; ,JIlt,
-. '..
SFM Mar 200l: Micwwav~A1ld POIdiofreqlJPncy. R.adiatiouE~:A Gr/)wiDg,EJ.wimnmeAtaLHea1th.Crisis?,o
Page 3 of6
Public policies to address the issue of decision making in the face
of this scientific uncertainty are evolving but are far behind the
growth curve of wireless communications. The global
infrastructure will be in place before we know what the health
risks will be. The precautionary principle (erring on the side of
conservatism) is frequently promoted by public health advocates
given the massive public health risk that is pos.sible if such
exposure is carcinogenic or has other adverse bioeffects. Even if
the risKto an irldividual is slight (which is at present suspected
but not conclusively proven), the sheer number of peop1e around
the globe who may be at risk makes this policy choice of utmost
importance. At present, no U.S. agency systematically monitors
health effects from radiofrequency/microwave radiation. The
wireless industry was recently required to provide mobile phone
buyers with the SAR (specific absorption rate or a measure of
energy absorbed into the brain from mobile phones). The
industry has stated it will not post SARs on the box, but place it
hidden inside to prevent comparison shopping. The FDA is
allowing this as compliance with its recommendation to provide
meaningful information to the public.
The United States has a de facto policy of "post-sales
surveillance" with respect to mobile phones. This means mobile
phones can be sold to the public and only after years of use
might there be studies to characterize what health consequences,
if any, have arisen as a result. In shorter terms, "we are the
experiment" for health effects. "Post-sales surveillance" is
inad~quate to IJrotect existing users. And given that the U.S. has
no research funding for RF exposure, there will be no systematic
look at what mobile phone use does to people.
.o:- ......
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PARR RICHEY U
<.QJ?REMSKEY
(0MORlDN
1600 MARKET TOWER
lOWEST MARKET STREET
INDIANAPOLIS. INDIANA 46204
(317) 269-2500. (317) 269-2514 Fax
indianapolis@parrlaw.com
www.parrlaw.com
1\
00 R!!!(F'l(;-n.u.."".~..
'...- -', "','y
FEB 26 2D01
Docs
James A.L. Buddenbaum
jbuddenbaum@parrlaw.com
February 22, 2001
Steve Engelking, Director
Department of Community Services
City of Carmel
One Civic Square, Third Floor
Carmel, Indiana 46032
Via: Federal Express
Re: Collocation on Legally Established Amateur Radio Tower
Dear Mr. Engelking:
Sprint Spectrum, L.P., d/b/a Sprint PCS, is proposing to collocate on an existing legally
established amateur radio tower located at 1388 Queens Way on a 6.09 acre parcel owned
by Edwin C. Zamber, as depicted on the enclosed map indicating the location of Mr.
Zamber's property and existing tower. As you know, Sprint, is a public utility licensed
by the Federal Communications Commission (FCC) to provide commercial mobile radio
service in the form of personal communication service (PCS) to the general public. As
such, Sprint is required to provide adequate and reliable PCS service which, in turn,
requires the construction and operation of communications transmitting and receiving
antennas throughout its service area at locations which are dictated by customer use and
system engineering requirements.
As you are also already probably aware, Sprint and other wireless carriers have a great
need for additional coverage and capacity in Carmel, generally and, particularly in
western Clay Township. The difficulty is locating a site which is unobjectionable to the
community, but still meets the service carrier's system engineering (radio frequency)
requirements for provision of adequate and reliable service. This proposed collocation
will accomplish both objectives. Collocation at this site will greatly improve Sprint's
ability to serve its customers and the general public in this area without imposing a new
antenna structure on the neighbors.
The existing 130' guyed-wire type amateur radio tower was constructed in 1987 by Mr.
Zamber and has three large horizontal antenna arrays, as depicted in the attached
Lebanon Office
225 West Main Streer . Lebanon, Indiana 46052-0668 . (765) 482-0110 or (317) 269-2509 . (765) 483-3444 Fax. lebanon@parrlaw.com
/'
.. l'
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u
February 22, 2001
Page 2
photographs. Sprint proposes to remove the horizontal antenna arrays and install its ,
"slick type" PCS antennas on the tower, while maintaining the remaining amateur radio
antennas on the structure. The "slick" antennas will be attached and closely "hug" the
main support structure to maintain the same silhouette of the tower as exists today. No
structural improvements to the tower will be required because the structural engineers
have determined the guy wires, in conjunction with removal of the horizontal arms,
results in sufficient loading capacity for the PCS antennas. Sprint will also locate its
radio equipment in a nicely designed compatible shelter at the base of the tower, as
depicted on the enclosed Drawing C2.
The proposed collocation is permitted under the Carmel/Clay Zoning Ordinance in this
S-1 residential district. Section 5.3.7 of the S-1 Residence District Zoning Ordinance
provides "[p Jrivate radio and television reception and transmitting towers and antennae
are permitted subject to applicable local, state and federal regulation" and, thus, the
existing structure is legally established. Under Section 5.1 of the Ordinance, as amended
by the Wireless Ordinance, Sprint's proposed collocation on this legally established
tower is permitted in the S-l district.
Therefore, one behalf of Sprint PCS, we are requesting written confIrmation that Sprint's
proposed collocation on Mr. Zamber's existing legally established amateur radio tower is
a permitted use. I have enclosed two (2) full size and two (2) reduced sized site and
construction plans for your use during your review. If you deem appropriate, you could
merely mark the plans as "permitted" and "approved" as a means to memorialize the
grant of our request. Upon receipt of such written confIrmation, Sprint will apply for the
appropriate building permits before proceeding with its collocation. Please call if you
have any questions or need further information before proceeding with this request.
Very truly yours,
JALB/js
Enclosures
cc: John Molitor
Patrick Allen
(DoeI 30280)
Kendall, Jeff A
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RECEIVED
NOV l 26 2001
DOCS
From:
Sent:
To:
Cc:
Subject:
Stahl, Gayle H
Wednesday, April 18, 2001 10:14 AM
Lillig, Laurence M
Kendall, Jeff A
Radio Tower
9 .
Regarding the radio tower in Queens Manor: Laurence, I left a message today with Jim Buddenbaum that this
project would need special use approval and that he should contact you.
gayle
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- A 26 2001
DOCS
PROJECT: Radio Tower Co-locate at 13
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 pac'/9 ~~\~ ~\1. .
Gayle
D New Structure
D
D
D
o
D
B
D
o Commercial Tenant Space
Report Type:
~ I Cellular Tower
Lot Split Y / N ~ Flood Zones Y / N ~
Sump Pump Y / N IiVl Manufactured Y / N IiVl
Construction Notes ~ Trusses ~
Co-locates on an existing amateur radio tower constructed at this site in 1987 by owner Zamber. Owner will partner with Sprint, who
proposed to remove the horizonal antenna arrays and install its 'slick type' PCS antennas on the tower, while maintaining the remaining
amteur radio antennas on the structure. The existing tower is 130' tall, proposed antennas will reach 100', Correspondence in file.
Equipment shelter is 20' x 22', PER LL: Did not have to go through PC or BZA. NOR DID ORIGINAL TOWER. No corresponding
minutes.
Ap.plications:
2001.0656.B
City of Carm,"qlay Township
Application for'Mlprovement Location Permit
BUILDER
NAME
TENANT NAME
(if applicable)
OWNER
EDWIN C & DONNA B ZAMBE
STREET
1388 QUEENS WAY
LOCATION
LOT SUBDIVISION
...-,....--"-."".,,,,-,.......,...
ADDRESS OF CONSTRUCTION
1388 QUEENS WY
. suirE
TYPE OF CONSTRUCTION
10THER
o Single Family
o Two Family
o Multi-Family
o Commercial/Industrial
o
~
Do plans include a
porch? Y / N
N
Type of Foundation
SLAB
Farm
D Crawlspace
D Basement
~
OTHER
(SPECIfY)
Plumbing Contractor I
Slab
I Code Book
Plumbing Licence # I NONE
ESTIMATED COST OF CONSTRUCTION
(Excluding Land Value) 1$ 85,000.00
Pennit No:
(\e:
~IFile:
2001.0627.8
06/15/2001
1713030000028017
PHONE
1(317) 856-1694
CITY I STATE I ZIP
IINDPLS,IN 46241
FAX
1(317) 856-0198
SewER
FAX
I ( ) -
STATE
IIN
ZONING
ZIP
146032
SECT CITY I TWP
TWP
CITY
CARMEL
ZIP
46032
TYPE OF IMPROVEMENT
I CELLTOW
Addition - Porch
Addition - Room(s)
Remodel
Foundation Only
Demolition
How Many?
D
Accessory Building
Garage - Detached
Garage - Attached
fh(' uurkrsigued ngree!'! that ~my cOl~tructi()n.. recon..qruction, enlargement, relo{':ati(}~ or *uteratiou of $tru('ture, or all)" change in the use of land or strucrures: rC{lut.."t'tcd by this applkation
win <Iln~,I~' with, and <.onform to all applicabJe h,,,, (,f .he S.ate of Jndiana, and tht> "hming Ordin..""e of C.m..1 hull,..... 1993" (7r289) and ...nendmenr., adopted under a..tlmril~' of J.C,
J6~ '7 l.:f se-q+ Gtncral .'\s.....embl~: of the State of Indiana.. and aU Acts amendatory dtt'rt1n.. .- further (.<ertif).' thllt only kitcht'n.. batl,.. laun(ky~ and floor drains are t.::onm."Cted tn the sanitary M':'H~'r.
, hll'tht.~t' \'("l"o1':y rhat rhe tOustrrK'bOn will oot he u.\CfI or j)('(;upied until a Certificate ()f{Jc,(~upancy bas heen issw...-d by the Department of Communit~' Scn-kes, Cannel Iudian.'l-
nspectlons
TYPE REO. 'OF TYPE REO 'OF
Footing ; D F;",' SI"a"", ~~
Underslab B Final Site
Meter Base C/O
Rough-In D Bonding / Grounding
Extended Building Description
ICO LOCATE CELL TOWER/RADIO TOWER@ RESIDENCE
Signature of Owner or Authorized Agent
Permit Fee: 1* 398.00
Inspection Fees: 1* 0.00
0."._ of Occ"pa"""J'2.' .
PRIF: * 0.00
TOTAL: 1$440.00
(Print)
(Phone Number)
Sewer Capacity Allotted
Plan Commission / BZA Docket #:
... .IJ~ .......................1.... ...... ......... ........m............_ ......t~.~n..l.~,~~~1 m.. ... ... ....1
Reviewed/Approved: Dept. of Community Services
11323
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RICHARD & DONNA DEER
1332 Queens Way, Carmel, Indiana 46032
August 13,2001
Subject:
Location:
Microwave Tower under Construction
1338 Queensway - Comer of Ditch and Queensway
Dear Neighbor:
The owner of 1338 Queensway is currently in the process of constructing a commercial
microwave tower, of which will stand approximately 150 feet high. He is building this
on his residential property, the same property that is neglected and projects an already
unsightly seen for all of us.
Not only does he not have enough respect to keep his property presentable, he now
attempts to subject us to a more distracting and horrible sight. Since he will be receiving
a handsome monthly profit from this microwave tower, this makes it a commercial
venture on residential property.
This tower presents more problems than just an unpleasant site. Microwave towers are
highly dangerous in that they pose a tremendous health hazard. I have enclosed more
information on the dangerous effects microwave towers and the radiation emitted can
have on humans.
I am sure that none of you could ever imagine your "neighbor" doing such a selfish act.
If we allow the building of this tower to continue, we will be faced with loss of property
value in our beloved neighborhood. the hideous site of a ISO-foot tower and subjecting
our families to the devastating health problems caused by microwave towers.
Please call the zoning Board and your councilman in Carmel to voice your disapproval in
the construction of the microwave tower on 1338 Queensway. If you have any questions,
please contact e 28-0000.
RECEIVI;'
AUG 14' 2001
BY: \ Q1
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Rich
Lilli ,Laurence M
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From:
Sent:
To:
Subject:
Lillig, Laurence M
Monday, September 24, 2001 1 :01 PM
'TBirge@boselaw.com'
Docket No A-97-01
Tag,
9
The Department of Law brought me your fax. If the original was faxed to them on August 29th, they may have assumed
that they were being copied. The fax number for Planning & Zoning is 317.571.2426.
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
llillig@ci.carme1.in.us
1
;01 12:05 FR BOSE_MCKINNEY EUANS 317 574 3714 TO 826"9210"1"57124 P.01/02
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NS LLP
ATTORNEYS AT LAW
FAX COVER SHEEt
J. Taggart Birge
North Office
Direct Dial (J171 574.3732
E.Mail: TBirl\f'fJboselaw.(;om
DATE:
September 24, 2001
TO:
Laurence M. Lillig, Jr.
571-2484
Tom Bedsol
237-3900
CLlENTIMA TTER #:
9210-1
FROM:
J . Taggart Birge
Fax: (317) 574-3716
Direct: (317) 574-3732
A facsimile containing a total of 2
transmitted.
pages includina this cover sheet, is being
In the event you do not receive all of the pages. please contact Betsy Terpening at
(317) 574-3718 immediately.
THE DOCUMENTS ACCOMPANYING THIS FACSIMILE TRANSMISSION CONTAIN INFORMATION WHICH 15 THe PROPERlY OF THE SENDER
AND IIIIHICH MAY BE CONFIDENTIAL OR lEGALLY PRMLEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE NAMED
INDMDUALS OR ENTITles. IF YOU ARE NOT AN INTENDED RECIPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE. COPYING.
DISTRIBUTION. OR TAKING OF ANY ACTION IN RELIANCE ON THE CONTENTS OF THIS FACSIMILE TRANSMISSION IS STRICTLY
PROHIBITED IF YOU HAVE RECEIVED THIS FACSIMilE IN ERROR PLEASE NOTIFY US IMMEOIATELY By COLLECT TELEPHONE
(317)514-3700 SO THAT WE CANARFtANGe THE RETURN OF THE 'rRANSMmED DOCUMENTS.
Dowrlluwn . l71l1l Fi"r I~,~na Plaz.l . 1)5 NUllh P~nnsylvani.l Streel . IndiJnJpolis. hldiillla 4b:!1l4 . (JI7) &84.5000 . fAX (:117) (,84-';173
Nurth Officp . hOt) F;lSI %Ih Slretl . Suitt! SOli . Indian.ll',,'is.lndi.\,\.\ 4bl4U . (3171 C;74-.1700 . FAX (31'1 574-371(,
www...I)~elaw.co...
SEP 24/'01 12:05 FR BOSE MCKINNEY EUANS 317 574 3714 TO 826"9210>>1>>57124 P.02/02
"
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BOSE
McKINNEY
&EVANSup
J. Taggart Birge
Nurlh Olfice
DjreCI Dial /'117) 574.3732
E-Mail: TBirl\eOhosel,)w.t:om
ATTORNEYS AT LAW
August 29, 200t
Re: Sprint PCS Site at 1388 Oueens Way
VIA FACSIMILE
Laurence M. Lillig, Jr.
Planning Administrator
Department of Community Services
One Civic Square
Carmel, IN 46032
Dear Mr. Lillig:
I am in receipt of your letter dated August 23, 2001, whereby the City of Cannel
revoked the improvement location pennit C'ILP") providing for the construction of the
Sprint PCS Site at the property commonly known as 1388 Queens Way_ As such, our
appeal to the Carmel/Clay Board of Zoning Appeals docketed as case no_ A-97-01 should
be indefinitely tabled until such time as the plat issues have been resolved and the ILP is
reissued to Sprint.
By way oflhis letter, J would respectively request that you indefinitely table A-
97-01 until such time as an administrative appeal is necessary. It is my hope that Sprint
will not pursue this matter further; however, at this time, it is too early to determine what
if any course of action Sprint will pursue. Your assistance in this matter is greatly
appreciated.
Very truly yours,
11\b ~lr?t'
J. Taggart Birge
JTBlbat
43491
l)l;lwnfOwn . :!7Cl0 FirSllndlana Pial" . US Norlh PeMsylviJnla Slr~el . Indianapolis.lndi.lll.1 46204 . (317) "84-5000 . ~AX (3171I>S4-5173
North Ollie;: . (,()() F"~l 96th Stre". . S"ile 500 . Indian"poh~. Indiana 41>240 . ()17) 574-."1700 . FAX (317) 574-371&
www.hosel.lw.(om
** TOTAL PAGE.02 **
/
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...
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U
Fax History Report for
Carmel City Law Dept.
317-571-2484
Sep-24-01 12:26pm
HP~ OfficeJet
Personal Printer/Fax/CopierlScanner
/
Last Fax
~ Time
~
Identification
Duration ~ Result
Sep 24 12:24pm Received
3175743714
0:41
2
OK
AUG 29 '01 09:01 FR BOSE MCKINNEY NORTH 317 574 3716 TO 826~9210U1~57124 P.01/02
o
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BOSE
McKINNEY
& EVANS LLP
ATTORNEYS AT LAW
FAX COVER SHEET
J. Taggart Birge
North Offit:"
Direcl Dioll {3171 574-3712
E.M,,;I: TBirgc@uu,,,,lilw.t:om
DATE:
August 29. 2001
TO:
Laurence M. Lillig, Jr.
571-2484
CLIENT/MA TTER #:
9210-1
FROM:
J. Taggart Birge
Fax: (317) 574-3716
Direct: (317) 574-3732
A facsimile containing a total of 2
transmitted.
pages including this cover sheet, is being
In the event you do not receive all of the pages, please contact Betsy Terpening at
(317) 574-3718 immediately.
THE OOCUMENTSACCOMPANYING THIS FACSIMile TAANSMISSION CONTAIN INFORMATION WHICH IS THE PROPERTY OF THESENO!R
AND WHICH MAY 8E CONFIDENTIAl OR LEGAU Y PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF TtlE NAMED
INDIVIDUALS OR ENTITIES. IFYOU ARE NOT AN INTENDED R~ClPIENT. YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE. COPYING.
DISTRIBUTION. OR TAKING OF ANY ACTIOIIIIN RELIANCE ON THE CONTENTS OF THIS fACSIMILE TAANSMISSION IS STRICTLY
PROHIBITED IF YOU HAItl: REceIVED THIS FACSIMILE IN ERROR Pll!ASE NOTIFY US IMMEDIATELY 8Y COI.LECT TELEPHONE
(317)57"-3700 SO THAT WE CAN ARRANGE THE RETURN OF THE TRANSMITTED DOCUMENTS
OOINnlown . 2700 fi'~llndi.1113 Plv;\ . 135 NO'II, Pennsylv;\n,a Street . India".1poli~, Ind.aM 4ft204 . (.l17) nll4-~OOU . FAX (ll7) bll4-:;I73
Norlh Office . 600 Ea., 96rh Slree' . Suire .~OO . 'ndian"pnli.. In(li..na 4ft240 . (.117) .~74-.J7LlO . r....x (317) 574-)71b
www.ho,elaw.c:om
AUG 29/ '01 09:01 FR BOSE MCKINNEY NORTH 317 574 3716 TO 826U9210U1U57124 P.02/02
u
u
,BOSE
McKINNEY
& EVANS UP
A .Q7-Of
ATTORNEYS AT LAW
J. Taggart Birge
Norlh Of lice
IJirpC:l LJial (:i17) 574-J7Jl
E.M~il: TRirJ.1,.@bowlilw.com
August 29, 2001
VIA FACSIMILE
Laurence M. Lillig, Jr.
Planning Administrator
Department of Community Services
One Civic Square
Carmel, IN 46032
Re: Sprint PCS Site at 1388 Queens Way
Dear Mr. LiIlig:
1 am in receipt of your letter dated August 23. 2001, whereby the City of Carmel
revoked the improvement location pennit (UILP") providing for the construction of the
Sprint PCS Site at the property commonly known as 1388 Queens Way. As such, our
appeal to the Carmel/Clay Board of Zoning Appeals docketed as case no. A.97-01 should
be indefinitely tabled until such time as the plat issues have been resolved and the ILP is
reissued to Sprint.
By way of this letter, I would respectively request that you indetinitely table A.
97-01 until such time as an administrative appeal is necessary. It is my hope that Sprint
will not pursue this matter fwilier; however. at this time, it is too early to dctennine what
if any course of action Sprint will pursue. Your assistance in this matter is greatly
appreciated.
Very truly yours,
\1b ~~
J. Taggart Birge
JIB/bat
43491
Downtown . FOO FirSI Int1i3na !>Ina . US North Pennsylvania Streel . Indianapolls.lndi,lna 46204 . (117) bll4-SUOO . FAX (3171 ('R4-~l7J
Nn"h Olli"" . &00 last %lh 5\r~cl . Suite 500 . Indiilnlll'nlis. Indiand 46140 . (3171574-3700 . ~AX (3171 S74.371f,
www.l:>t...~law.c:nm
** TOTAL PAGE.02 **
/
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D
Fax History Report for
Carmel City Law Dept.
317-571-2484
Aug-29-01 9:44am
HP,OfficeJet
personal Printer/Fax/CopierlScanner
Last Fax
~ Time
~
Identification
Duration Pages &&ili
Aug 29 9:43am Received
317 574 3716
0:40
2
OK
.ct -- ...
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SUMMARY OF CASES ON NONCONFORMING USES AND
THE EXPANSION THEREOF
It is important to understand that while nonconforming uses are afforded
constitutional protections, the idea of comprehensive zoning plans is based upon a
philosophy that uses should be neatly segregated and that nonconforming uses do not fit
well in this philosophy. The ultimate purpose of the zoning ordinances is to combine
certain classes of uses and structures as designated areas. Berkey v. Kosciusko County
Board of Zoning Appeals, 607 N.E.2d 730, 732 (Ind. Ct. App. 1993). Because
nonconforming uses by definition detract from the fulfillment of that purpose, zoning
ordinances properly seek to restrain them. Id. In light of this important purpose, Indiana
Courts have refused to permit the expansion of or changes in nonconforming uses in a
variety of situations. See, e.g., Stuckman v. Kosciusko County Board of Zoning: Appeals,
506 N.E.2d 1079 (Ind. 1987) (Nonconforming graveyard existing on lots E through K
could not be expanded onto lots A - D); Berkey, 607 N.E.2d 732 (Nonconforming
junkyard could not be expanded beyond land being still used at the time the restrictive
ordinance was adopted); Metropolitan Development Commission v. Goodman, 588
N.E.2d 1281 (Ind. Ct. App. 1992) (Nonconforming 2 unit carriage house apartment
building could not be expanded into 3 units); Taylor v. Metropolitan Development
Commission, 436 N.E.2d 1157 (Ind. Ct. App. 1982) (Nonconforming use of a building as
a package liquor store did not authorize the change of its use to a tavern); Chizum v.
Elkhart County Plan Commission, 147 Ind. App. 691,263 N.E.2d 654 (1970) (Poles and
lights for night racing could not be erected at nonconforming daytime racing track;
.. ",_ Cja
o
o
O'Banion v. State ex rel Shively, 146 Ind. App. 223, 253 N.E.2d 739 (1969)
(Nonconforming sale of beer did not justify use of property of the sale of any other
alcoholic beverage).
Q
o
A-97-1
PROCEDURAL HISTORY:
1.) On June 15, 2001, the Director of the Department of Community Services
Issued a permit to allow Sprint to construct an equipment shelter, construct
a paved driveway and attach an antennae to a private radio tower to provide
cellular Services in Hamilton County (see Tab A); On August 6, 2001, by
Sprint's own admission, construction began on the project - a full 52 days
after the permit was issued.
2.) On August 15, 2001, 9 days after construction began, Mr. Deer, an adjacent
owner, fIled an appeal objecting to the Director's initial refusal to revoke the
Building Permit (see Tab B). The basis of Mr. Deer's appeal is that the
Zoning Ordinance, as written, clearly prohibits the construction activity that
the permit authorized.
3.) On August 23, 2001, the Director revoked Sprint's grant of the permit
on the grounds that the equipment shelter should have been subdivided
from the larger tract and that the subdivision of the tract should have been
submitted for plat approval (see Tab C).
4.) On September 24, 2001, Sprint fIled an appeal of the Director's decision to
revoke the permit (see Tab D).
5.) On November 15, 2001, Tag Birge fIlled a motion to dismiss Sprint's appeal
on the ground that it was untimely under Section 30.1 of the Ordinance.
(see Tab E).
5.) On November 26, 2001, the Board of Zoning Appeals ruled in a 5-0 vote that
Sprint had failed to timely fIle its appeal.
6.) On December 21, 2001, Sprint fIled for a Writ of Certiorari in front of the
Hamilton County Circuit Court which was granted.
7.) On June 13, 2002, the Hamilton County Circuit Court will hear Sprint's
lawsuit against the BZA regarding the Board's 5-0 vote that Sprint failed to
timely tile its appeal.
8.) The Board's Hearing on June 6th is not for the purpose of discussing the
Director's decision to revoke the permit, nor Sprint's appeal of the
Director's decision, nor the timeliness of Sprint's appeal or anything else
that might be at issue before the Hamilto~ County Circuit Court. Rather,
the purpose of the hearing is to discuss the merits of A-97-1, the appeal of
the Director's decision to not revoke the permit for the reasons we have
stated in our petition.
C:\NrPortbl\NOl\SBG\43307 _3.DOC
o
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~
QUESTIONS FOR THE BOARD'S CONSIDERATION
Accessory Use is defined in Chapter 3 (Definitions) of the C/C Zoning Ordinance as "a use
subordinate to the main use, located on the same Lot or in the same building as the main use, and
incidental to the main use".
Question: What is the main use of this lot?
Question: How can a Sprint equipment building and facilities that serve the general population
be accessory to an individual single-family residence?
Question: Per Section 5.3.1 (S-I), the Sprint facility must "not alter or change the character of
the premises" to be permitted as an accessory use and structure. Does it?
"Locate" is defined in Webster's New Collegiate Dictionary as "to set or establish in a
particular spot".
"Collocate" is defined in Webster's New Collegiate Dictionary as "to set or arrange in a place
or position; esp.: to set side by side" and as "to occur in conjunction with something".
Question: Why was the term "collocate" used in the ordinance instead ofthe term "locate"?
Could it be that one reason it was used was to prohibit this exact scenario?
Per Chapter 3 (Definitions) and Section 25.13.1 (Additional Use Regulations), the existing
amateur radio station tower is a "non-conforming use". Section 25.13.4 requires that the use of
the non-conforming tower not be substantially altered.
Question: Does the commercial alteration of this private tower to serve Sprint customers and the
general public in this area constitute a substantial alteration of the existing private use of this
tower?
Question: What alterations to this existing non-conforming tower does Sprint have to make to
this tower to make it useable for them? Is the foundation being altered in any way? Are the
support guy wires being altered in any way? Is the existing antennae for the amateur radio being
altered in any way? Will the existing amateur radio facilities still be functional?
Question: If the BZA determines that the issuance of the permit was correct, and authorizes this
commercial use of this private, residential non-conforming tower without the necessary public
hearings that the "Tower Ordinance" contemplated, how many other antennae can be issued
permits to locate on this tower and similar private towers? How many additional equipment
buildings with be issued permits at this location and similar residential locations?
Question: Why does the Department base their position on what (in someone's opinion) the
Ordinance "meant" to say? Do they really mean to say that Sprint is a "hobbyist" and doesn't
need to go through the Special Exception process like all other "commercial operations"?
#47511
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CITY OF CARMEL
DEPARTMENT OF COMMUNITY SERVICES
Division of Planning & Zoning
TRANSMITTAL
Date: 27 August 2001
E"VAlJ5
To: J. Taggart Birge of Bose McKinney &.,DaRids'
fax: (317) 574-3716
From: Laurence M. Lillig, Jr.
Planning & Zoning Administrator
Department of Community Services
One Civic Square
Carmel, IN 46032
o The material you requested
o For review and comment
. For your information
o For approval
Re: Queen's Way Wireless Telecommunications Facility Appeal (A-97-01)
ph. 317.571.2417
fax. 317.571.2426
Tag,
Attached is a letter dated August 23, 2001, from DOCS Director Michael Hollibaugh to Jay
Lemmon ofQ Serve Communications revoking Permit No. 627.01B.
Since the ILP for this tower has been revoked, I am writing to see whether you would like to
withdraw Docket No. A-97-01 from the September 24, 2001, agenda of the Board of Zoning
Appeals. If so, please forward a memo to my attention stating this request.
If I can be of any further assistance, please do not hesitate to contact me at 317.571.2417.
Lf ~', t7~
Laurence M. Lillig, Jr.
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u
City of Carmel
DEPARTMENT OF COMMUNITY 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 permits
ToUilaingpermits)ate-isBuedfcrrihat-City-and for-Clay-'fownship,-Indiana,I hereby- ---------.
revoke the above referenced permit.
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 more smaller parcels. Under Chapter 3 of the Carmel Clay Zoning Ordinance, this
constitutes the subdivision ofland requiring plat approval by the Plan Commission.
Should you desire to submit an application for plat approval, you may contact Jon
Dobosiewicz of this Department to discuss the necessary process.
Sincerely,
~i~
Director
Department of Community Services
CC: James A. 1. Buddenbaum, Attorney for Sprint Spectrum, LP
ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571,2417
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CITY OF CARMEL
Department of Community SelVices
One Civic Square
Carmel, IN 4SCX32
(317) 571-2417
Fax: (317) 571-2426
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.!:!!!!P, Laurence M
From:
Sent:
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Lillig, Laurence M
Thursday, August 16, 2001 9:26 AM
Johnson, Sue E
Tingley, Connie S; Morrissey, Phyllis G; pattyn, Dawn E; Hollibaugh, Mike P; Hahn, Kelli A;
Dobosiewicz, Jon C
WTF - Sprint Spectrum Collocate (A-97-01)
Subject:
Docket No. A-97-01 has been assigned to the Appeal filed by J. Taggart Birge of Bose McKinney & Evans on behalf of
Richard Deer regarding the Sprint Spectrum collocate located on the Edwin C. Zamber property at 1388 Queen's Way.
The appeal will not be forwarded to T AC. There is no filing fee for this petition.
· This Item will appear on the September 24, 2001, agenda of the Board of Zoning Appeals under Public Hearings.
. Ten (10) informational packets will need to be delivered to BZA Secretary Ramona Hancock no later than noon, Friday,
September 14,2001.
. Mailed and published Public Notice will need to be accomplished by the appellant no later than Thursday, August 30,
2001.
Sue Ellen, please contact Tag Birge at (317) 574-3400 [fax: 574-3716] with this information. Please also contact James A.
L. Buddenbaum of Parr Richey O'Bremsky & Morton at (317) 269-2500 [fax: 269-2514].
Laurence M. Lillig,Jr.
Planning & Zoning Administrator
Department of Community Services
City of Carmel
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
llillig@ci.carmel.in.us
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Lilli ,Laurence M
From:
Sent:
To:
Cc:
Lillig, Laurence M
Thursday, August 16, 2001 9:26 AM
Johnson, Sue E
Tingley, Connie S; Morrissey, Phyllis G; Pattyn, Dawn
Dobosiewicz, Jon C
WTF - Sprint Spectrum Collocate (A-97 -01)
Subject:
Docket No. A-97-01 has been assigned to the Appeal filed by J. Taggart Birge of Bose McKinney & Evans on behalf of
Richard Deer regarding the Sprint Spectrum collocate located on the Edwin C. Zamber property at 1388 Queen's Way.
The appeal will not be forwarded to TAC. There is no filing fee for this petition.
· This Item will appear on the September 24, 2001, agenda of the Board of Zoning Appeals under Public Hearings.
· Ten (10) informational packets will need to be delivered to BZA Secretary Ramona Hancock no later than noon, Friday,
September 14, 2001.
. Mailed and published Public Notice will need to be accomplished by the appellant no later than Thursday, August 30,
2001.
Sue Ellen, please contact Tag Birge at (317) 574-3400 [fax: 574-3716] with this information. Please also contact James A.
L. BUddenbau~rr Richey Q'Bremsky & Morton at (317) 269-2500 [fax: 269-2514].
Laurence M. Lllig,Jr. ~
Planning & Zoning Administrator ~ ~ ~ ~)Il.c> \ D,
Department of Community Services
City of Carmel ~
One Civic Square
Carmel, IN 46032
Phone: 317.571.2417
Fax: 317.571.2426
llillig@ci.carmel.in.us
1
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CITY OF CARMEL
Department of Community Services
One Civic Square
Carmel, IN 46032
(317) 571-2417
Fax: (317) 571-2426
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John J. Flanigan
11100 Queen's Way Circle
Carmel, IN 46032
317-848-2064 (H)
846-6222 (W) 846-6250 (Fax)
flanigan@in.net
August 15, 2001
Mr. Michael Hollibaugh
Planning Director
Department of Community Services
One Civic Square
Carmel, IN 46032
Dear Mr. Hollibaugh:
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This letter is to object to the construction in progress at 1338 Queen's Way, the comer of
Ditch and Queen's Way.
It is unsightly and inappropriate for our neighborhood. More importantly, I wonder about the
safety of such a tower because of its height and whether the construction standards are
adequate for what appears to be a commercial height tower. Lastly, I am concerned about the
requirements for maintenance of such a tower. The current owner doesn't even cut his lawn
regularly, which suggests that future maintenance on the tower may be suspect.
I would appreciate your considering these questions. Thank you.
JJF/ekb
cc: Mr. James Brainard
Kendall, Jeff A
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From:
Sent:
To:
Cc:
Subject:
Stahl, Gayle H
Wednesday, April 18, 200110:14 AM
Lillig, Laurence M
Kendall, Jeff A
Radio Tower
Ot {; .
Regarding the radio tower in Queens Manor: Laurence, I left a message today with Jim Buddenbaum that this
project would need special use approval and that he should contact you.
gayle
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PROJECT: Radio Tower Co-locate
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 lhelpedwrite 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 packa
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Gayle
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U PARR RICHEY W
~REMSKEY
MORrON
ATTORNEYS
www.parrlaw.com
1600 MARKET TOWER
lOWEST MARKET STREET
INDIANAPOUS. INDIANA 46204
(317) 269-2500. (317) 269-2514 Fax
indianapolis@parrlaw.com
February 22, 2001
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....:.0
James A.L. Buddenbaum
jbuddenbaum@parrlaw.com
Steve Engelking, Director
Department of Community Services
City of Carmel
One. Civic Square, Third Floor
Cannel, Indiana 46032
Via: Federal Express
Re: Collocation on Legally Established Amateur Radio Tower
Dear Mr. Engelking:
Sprint Spectrum, L.P., d/b/a Sprint PCS, is proposing to collocate on an existing legally
established amateur radio tower located at 1388 Queens Way ona 6.09 acre parcel owned
by Edwin C. Zamber, as depicted on the enclosed map indicating the location of Mr.
Zamber's property and existing tower. As you know, Sprint, is a public utility licensed
by the Federal Communications Commission (FCC) to provide commercial mobile radio
service in the form of personal communication service (PCS) to the general public. As
such, Sprint is required to provide adequate and reliable PCS service which, in turn,
requires the construction and operation of communications transmitting and receiving
antennas throughout its service area at locations which are dictated by customer use and
system engineering requirements.
As you are also already probably aware, Sprint and other wireless carriers have a great
need for additional coverage and capacity in Carmel, generally and, particularly in
western Clay Township. The difficulty is locating a site which is unobjectionable to the
community, but still meets the service carrier's system engineering (radio frequency)
requirements for provision of adequate and reliable service. This proposed collocation
will accomplish both objectives. Collocation at this site will greatly improve Sprint's
ability to serve its customers and the general public in this area without imposing a new
antenna structure on the neighbors.
The existing 130' guyed-wire type amateur radio tower was constructed in 1987 by Mr.
Zamber and has three large horizontal antenna arrays, as depicted in the arrachect
ubanon Office
225 West Main Street. ubanon. Indiana 46052-0668 . (765) 482-0110 or (317) 269-2509 . (765) 483-3444 Fax . lebanon@parrlaw.com
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February 22, 2001
Page 2
photographs. Sprint proposes to remove the horizontal antenna arrays and install its
"slick type" PCS antennas on the tower, while maintaining the remaining amateur radio
antennas on the structure. The "slick" antennas will be attached and closely "hug" the
main support structure to maintain the same silhouette of the tower as exists today. No
structural improvements to the tower will be required because the structural engineers
have determined the guy wires, in conjunction with removal of the horizontal arms,
results in sufficient loading capacity for the PCS antennas. Sprint will also locate its
radio equipment in a nicely designed compatible shelter at the base of the tower, as
depicted on the enclosed Drawing C2.
The proposed collocation is permitted under the Carmel/Clay Zoning Ordinance in this
S-l residential district. Section 5.3.7 of the S-l Residence District Zoning Ordinance
provides "[p ]rivate radio and television reception and transmitting towers and antennae
are permitted subject to applicable local, state and federal regulation" and, thus, the
existing structure is legally established. Under Section 5.1 of the Ordinance, as amended
by the Wireless Ordinance, Sprint's proposed collocation on this legally established
tower is permitted in the S-l district.
Therefore, one behalf of Sprint PCS, we are requesting written confIrmation that Sprint's
proposed collocation on Mr. Zamber's existing legally established amateur radio tower is
a permitted use. I have enclosed two (2) full size and two (2) reduced sized site and
construction plans for your use during your review. If you deem appropriate, you could
merely mark the plans as "permitted" and "approved" as a means to memorialize the
grant of our request. Upon receipt of such written confIrmation, Sprint will apply for the
appropriate building permits before proceeding with its collocation. Please call if you
have any questions or need further information before proceeding with this request.
Very truly yours,
JALB/js
Enclosures
cc: John Molitor
Patrick Allen
(Doel 30280)