HomeMy WebLinkAboutMinutes BZA 02-10-03 Special Meeting10lj�Ily" a F Cg 9 G
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Carmel /Clay Advisory Board of Zoning Appeals Special Meeting
Monday, February 10, 2003
Following BZA Executive Session
The Special Public Meeting was called to order at approximately 3:00 PM in the Caucus Rooms of
City Hall on February 10, 2003. Those members in attendance: Michael Mohr, Earlene Plavchak
and Pat Rice, thereby establishing a quorum. Leo Dierckman and Charles Weinkauf were absent.
Department of Community Services Staff in attendance was Director Mike Hollibaugh. John
Molitor and Judy Hester, Legal Counsel, were also present.
Mr. Molitor reported that an Executive Session of the Board was held at 1:00 p.m. in the Caucus
Rooms for strategy discussions with regard to pending litigation. There is a proposed Consent
Judgment for the Board's consideration today in the case of Sprint Spectrum versus the City of
Carmel and the Board of Zoning Appeals.
li. WTF Sprint Spectrum (A- 111 -01)
Board to consider proposed Consent Decree to resolve Case No. IP 02 -1133 C T/K before
the U.S. District Court for the Southern District of Indiana, contesting the Director's August
23, 2001, decision to revoke Improvement Location Permit No. 627.O1b to install a wireless
telecommunications antenna on an existing HAM radio tower; the Board's June 24, 2002,
decision to grant an appeal (Docket No. A- 97 -01) of the issuance of the Improvement
Location Permit; and the Board's July 22, 2002, decision to deny Sprint's appeal of the
revocation of the Permit.
The site is located at 1388 Queen's Way. The site is zoned S -1 /Residence Very Low
Density.
Mrs. Hester brought to the BZA the proposed Consent Judgment terminating litigation that involves
Sprint, the City of Carmel, the Board of Zoning Appeals, Mr. Hollibaugh, and the intervener,
Richard Deer. Based upon privileged conversations with the Board, it is recommended that the
Board execute the Consent Judgment, so that there will be a non conforming use ham radio
structure with a cellular antenna located on it with the one additional condition to the Consent
Judgment that the structure has the appearance of something natural, that is compatible with this
rural, residential environment, such as a pine tree. The pictures of the structure would need to be
submitted to the BZA for approval and for the execution of the Consent Judgment.
Mrs. Rice moved to approve the Consent Judgment with the one condition as stated by Mrs. Hester.
The motion was seconded by Mrs. Plavchak and APPROVED 3 -0.
Mr. Mohr announced there would be another Executive Session at 6:00 PM, Monday, February 24,
2003, preceding the regular Board of Zoning Appeals meeting. Based upon this proposal that has
Carmel/Clay Advisory Board of Zoning Appeals
February 10, 2003
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been sent back to Sprint, that item will probably be discussed at the next Executive Session, and
then discussed and voted on at the public meeting of February 24, 2003.
J. Public Hearings
There are no Public Hearings for this special meeting of the Board of Zoning Appeals.
K. Old Business
There is no Old Business for this special meeting of the Board of Zoning Appeals.
L. New Business
There is no New Business for this special meeting of the Board of Zoning Appeals.
M. Adiourn
Mrs. Plavchak moved to adjourn. The motion was seconded by Mrs. Rice and APPROVED 3 -0.
The meeting was adjourned at 3:15 PM.
Michael Mohr, President
Connie Tingley, Secretary
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