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HomeMy WebLinkAboutDept Report 10-13-04 ..- ~Q v .~ CARMEL/CLAYBOARD OF ZONING APPEALS DEPARTMENT REPORT October 13, 2004 2h. Martin Marietta, Appeal 'to Director's Determination of The applicant would like to appeal a Director determination that Martin Marietta's operation is a legal, nonconforming~use: Docket No. 04070020 A Chapter 28.06 Existence of a Nonconforming Use The site is located north of l06th Street and west of Hazel Dell Parkway and is zoned S-l/Residence- Low Intensity. Filed by Tom Yedlick. General Information: The following are excerpts from the Zoning Ordinance, regarding the Appeal Procedure. Zoning Ordinance, Section 30.02: Appeal Procedure 30.02.01 Consultation with the Director and Application. Appellants shall meet with the Director in order to examine the nature of the proposed appeal, review the regulatory ordinances and materials, and review the appeal procedures. The Director shall aid the appellant in preparing his application and supporting documents as necessary. The appellant shall then submit two (2) copies of the \Vritten applicationJorm and all necessary supporting documents and materials. 30.02.02 Initial Review of the Ap"Olication and Supporting Documents and Materials by the Director: Submission to the Board. Following the receipt of the written appeal application and necessary supporting documents and materials by the Director,he shall then review the materials solely for the purpose of determining whether the application is complete, is in technical compliance with all applicable ordinances, laws and regulations and is to be forwarded to the Board. If the materials submitted by the appellant are not complete, or do not comply vvith the necessary legal requirements, the Director shall inform the appellant of the deficiencies in his materials. Unless and until the Director formally accepts the appeal application as complete and in legal compliance it shall not be considered as formally filed fOT the purpose of proceeding to the succeeding steps toward Board consideration of the appeal as hereinafter set forth. The application is formally filed when it is placed upon the Board agenda by the Director according to the Board's Rules of Procedure. 30.02.03 Public Hearing by the Board. Once the Director has accepted and filed the appeal application vvith the Board, he shall assign a docket number and set a date and time for a public hearing as required by the Rules of Procedure of the Board. The appellant shall be responsible for the cost and publication of the required published legal notification of the public hearing. The appellant shall also notify all interested parties and property owners as required by the Rules of Procedure of the Board. The conduct of the public hearing shall be in accordance with the Board's Rules of Procedures. 30.02.04 Approval or Denial ofllie Appeal by the Board. Following the public hearing on the appeal, the Board shall approve or deny the appeal. In exercising its powers, the Board may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed as in its opinion ought to be done on the premises, and to that end shall have all the powers of the officer or Board from whom the appeal is taken. Upon reaching a decision on the appeal request, the Board shall enter into its records the reasons for its decision and shall provide the appellant with a copy of said reasons, if requested. The Board shall inform the Director and the appellant of its decision, including all conditions contained as a part .' .. .'. ~"'4 thereof. All further actions taken by the appellant or the Director concerning the item that was appealed, including the issuance of Improvement Location Pennits, shall be subject to said ruling of the Board. BZA Rules of Procedure: Article V. Appeals. Section 1. An appeal from any order, requirement, decision or determination made by an administrative official or board charged with the enforcement of any zoning ordinance shall be filed with tbe BZA. Section 2. (a) The appeal shall.be filed with the BZA within thirty (30) days of the decision of the enforcing official or board that is being contested. In those cases where the thirtieth day falls on a Saturday, a Sunday, a legal holiday, or a clay on which the office is closed., the filing deadline shall be extended to the end of the next business day. (b) The appeal shall be filed in duplicate on a form provided by the BZA and shall specify the grounds thereof in such a manner as to fully inform the BZA of all facts and elements involved, including a clear statement of the reason(s) why the applicant deems the appeal to be justified. Any communication purporting to be an appeal or petition shall be regarded as a mere notice of intention to seek relief and shall be of no force or effect until made in the form required. (c) When appropriate, the applicant shall provide the BZA with copies of any documents supporting his or her case. (d) The Office of the BZA shall review the application and place it on the BZA's agenda wben it is in teclmical and legal compliance. Section 3. Following placement on the agenda, the BZA or its delegate shall assign a docket number and fix a date, time and place for the public hearing. The Office ofthe BZA shall so notify the applicant. Section 4. The administrative official or board from whom the appeal is taken shall, upon request of the BZA, transmit to it all documents, plans, papers, etc., leading to the decision being appealed. Section 5. When an appeal has been filed with the BZA, proceedings on the premises affected shall be stayed unless the official or board certifies to the BZA that a stay would cause imminent peril to life or property. In that case proceedings may only be stayed by a restraining order. The BZA may issue a restraining order after application, notice to the officer Of board and to the owner of the premises affected., and upon due cause shown. The official or board charged with the enforcement of the ordinance may call upon the police power of the City or Township to give effect to that order. Findings of Fact: 1.) The petitioner has properly followed the Appeals Procedures outlined in Ordinance z..160, Section 30.2, et seq. except as follows: nJa 2.) Nature of action appealed from: a determination made by Carmel DOCS and its Director, Mike Hollibaugh, as to the existence of a legal, nonconfonninguse (See attached letter). Agency: Department of Community Services, Planning & Zoning Division Date of Agency DecisionlDetermination: June 24, 2004 3.) Attached copy of Ordinance or materials, which is subject of Appeal as Petitioner because: (see attached: letter of DOeS Director withdrawing his determination, Memorandum of Points and Authorities by:MI. YedlickJ Notice of Intervention and Notice of Appearance by MI. Weiss of Ice Miller, and Notice of Intervention by Mr. Thrasher). 4.) The written materials submitted to the Board does support the Petitioner because: They do not support the idea that past activities are different than those occurring on the subject Martin Marietta site today. 5.) The Agency, Official, Board or Zoning District Boundary should be affirmed: because The Department has made the determination based on the nature of activities that have occurred on the subj ect Martin Marietta site. 6.) The work on the premises upon which the appeal has been filed shall not be stayed because: there is no threat to the public health, safety, and welfare.