Memorandum
Date: 5/28/2002
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: WCF0204-02 -- Variance request to reduce the minimum residential setback of a
wireless communications facility (tower) from 300 feet to 210.5 feet at 3650
Buena Vista Road. NOTICE OF PLANNING DIVISION APPROVAL
Applicant's Proposal
Preferred Sites, LLC requests a variance to reduce the minimum residential
setback requirement of a wireless communication facility (tower) from 300 feet
to 210.5 feet. The property is currently zoned C-3 (General Commercial
District). The applicant proposes to extend the height of an existing wireless
communication facility 58 feet (from 141 feet to 199 feet) for the purpose of
co-locating four future antennas on the existing wireless communications
tower. The extension of the wireless communication tower would minimize the
number of wireless communications towers constructed within the area and
maximize cellular coverage along I-185 and Buena Vista Road.
Extending the existing wireless communications tower to 199 feet will result in
the tower not conforming to the minimum distance requirement from residential
structures as set forth in the Wireless Communication Ordinance. Therefore,
the applicant requests a variance to reduce the minimum residential setback
requirement.
Planning & Zoning
- Applciant
- Owner
- Acreage
- Current Zoning Classification
- Current Use Of Property
- District
- General Use
- Environmental Impacts
- Surrounding Zoning
- Traffic Impact
- Planning Departments Recommendtion
- Attitude of Property Owners
- Other Recommendations
-
- Engineering:
- Public Safety:
- Public Works:
Variance Criteria
In order to grant the requested variances, the City Council must make a decision that is based upon all of the following findings required by the variance regulations of the Columbus Zoning Ordinance:
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The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
No.
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The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property;
Yes. The applicant originally requested to construct the existing wireless
communications tower at 199 feet, prior to the Council amending the minimum
setback requirement from residential structures and/or residential district
boundary lines. The proposed wireless communication structure (199 feet) had a
residential setback of approximately 141 feet from the nearest residential
district boundary line and a distance of 210.5 feet from the nearest
residential structure. The applicant?s request to construct the tower at 199
feet was based upon the minimum setback requirement from the nearest
residential structure. The Council approved the applicant?s request with the
condition that the maximum height of the tower would be 141 feet, based upon
evidence that presented the minimum setback should be placed at the nearest
residential district boundary line, not the nearest residential structure (see
approved resolution). However, construction of a 141-foot wireless
communication facility does not meet the engineer?s requirement to maximize
coverage within this area. Therefore, the applicant requests that the existing
wireless communication facility be extended to its first proposed height of 199
feet with the condition that the wireless communications tower be placed at the
initial minimum residential setback of 210.5 feet from the nearest residential
structure.
-
Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations are carried out; and
Yes. A hardship would result due to the particular physical surroundings of
the specific property and the lack of sufficient sites to place an additional
wireless communications tower that meets the current regulations of the
Wireless Communications Ordinance and maximizes cellular coverage within the
surrounding area.
-
The variances will not in any manner vary the provisions of the Zoning Ordinance, Comprehensive Plan or Official Map.
Yes. The variance will vary the provisions of the Columbus Zoning Ordinance.
Section 22-26.2 (Wireless Communications Ordinance) currently states, "a tower
structure shall not be placed within 300 feet of a residential structure." The
closest residential structure (a Willow Creek Apartment Building) is 210.05
feet from the center of the proposed wireless communication facility. This
distance does not conform to the Wireless Communication Facility Ordinance
regulations to permit a minimum setback of 300 feet from the nearest
residential structure. The requested variance will reduce the minimum
residential setback requirement of a wireless communications tower from 300
feet to 210.5 feet.
Planning Division recommends approval of this variance request. The variance
request will allow the applicant to reduce the minimum residential setback from
300 feet to 210.5 feet. The variance request will also permit the applicant to
extend the height of the existing wireless communications tower 58 feet (from
141 feet to 199 feet) with the following: 1) The variance request to reduce the
minimum residential setback of the wireless communications tower from 300 feet
to 210. 5 feet is granted; 2) The tower must meet the standard for minimum
residential setback requirements where "a tower must be placed no closer than a
distance equal to the height of the tower structure from any residential zoned
district or residential structure whichever is greater in distance." 3) The
tower must be placed at a minimum residential setback of 210.5 feet from the
nearest residential structure, and 3) The height of the tower shall be 199
feet.
