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 The Permit was revoked due to the fact that an easement of access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
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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