Loading...
HomeMy WebLinkAboutDept Report 11-26-01 Department Report Board of Zoning Appeals November 26, 2001 Page 2 of 8 Ilh. WTF - Sprint Spectrum (A-HI-OI) Appellant wishes to appeal the decision of the Director regarding the revocation of Improvement Location Permit No. 627.01b for a wireless telecommunications 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. Before opening this Item for Public Hearing, the Board will need to address the Motion to Dismiss filed by J. Taggart Birge of Bose McKinney & Evans. Both a COpy of his Motion and a COPy of the Ob1ection to same filed by Thomas Bedsole of Locke Revnolds were forwarded to the members of the Board with this month's packet. On August 23. 2001. Director Michael P. Hollibaugh of the Department of Community Services issued a letter (see attached) revoking Improvement Location Permit No. 627.01b. The Permit was revoked due to the fact that an easement of access is being utilized for access to the tower. Section 3.7: Definitions: SUBDIVISION. reads: SUBDIVISION. Any of the following shall be considered the subdivision of land requiring plat approval by the Plan Commission: (1) The division of any parcel ofland (recorded after January 21, 1980, and before January 1,2000) into three (3) or more parcels, sites or lots, when more than two (2) of the lots are less than five (5) acres in area, for the purpose of transfer of ownership, or building development, excluding cemeteries; or, (2) The improvement (before January 1,2000) of one (1) or more parcels ofland for residential, commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public utilities and facilities; or, (3) Any division (recorded after December 31, 1999) of a lot or parcel of land where: (A) the division results in two (2) or more smaller lots or parcels, at least two (2) of which are less than five (5) acres in area; (B) the division results in two (2) or more smaller lots or parcels, any of which front on or utilize an easentent of access; or, (e) the division is for the purpose of building development (excluding cemeteries) and a street is to be dedicated, reserved, or otherwise platted. All divisions of land recorded after a certain date, as specified in this definition, from a lot or other parcel of land described on or before that date in the records of the Hamilton County Recorder shall be counted in determining the number of lots or parcels for the purpose of this definition. The original lot or parcel shall also be counted for this purpose. Section 3(B) of the definition is the basis for the revocation. The Department recommends that the Determination of the Director be upheld. Page 2 ;::::.:.:.:.;' '>==7 City of Cannel DEPARTMENT OF COMMUNITY SERVICES Michael P. Hollibaugh Director August 23, 2001 Mr. Jay Lemmon Q Serve Communications 4S 15 South High School Road Indianapolis, IN 46241 RE: Revocation of Permit 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 (building permits) are issued"forthat-eity-and for-elay-Township;-Indi-ana,-I -hereby-- revoke the above referenced permit. nus 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, CXH!w~ Director Department of Community Services CC: James A. L. Buddenbaum, Attorney for Sprint Spectrum, LP ONECMCSQUARE CARMEL, INDIANA 46032 317/571-2417