Memorandum
Date: 9/26/2002
To:
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: WCF0206-01 ? Variance request to reduce the minimum residential setback of a
wireless communications facility (tower) from 300 feet to 160 feet at 1720 Warm
Springs Road. NOTICE OF PLANNING DIVISION DENIAL
Applicant's Proposal
TLC Communications/Voice Stream requests a variance to reduce the minimum
residential setback requirement of a wireless communications facility (tower)
from 300 feet to160 feet. The property is currently zoned C-2 (Neighborhood
Shopping District). The applicant proposes to construct a 140-foot wireless
communications facility (tower) for the purpose of maximizing cellular coverage
in the Rose Hill area.
Construction of the proposed wireless communications tower will result in the
tower not conforming to the minimum distance requirement from residential
structures as set forth in the Wireless Communications Ordinance. Therefore,
the applicant requests a variance to reduce the minimum residential setback
from 300 feet to 160 feet.
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;
No.
-
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
No.
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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 is approximately 195 feet from the center of the
proposed wireless communications facility. This distance does not conform to
the Wireless Communications Facility Ordinance?s regulation to permit a minimum
setback of 300 feet from the nearest residential structure.
The Planning Division recommends denial of this variance request based on upon
the following:
1) The reduction of the minimum residential setback requirement (300
feet to160 feet) does not properly meet the goals and objectives of the
Columbus Zoning Regulations for wireless communications
facilities.
Claim for a special exception is secondary to the variance request. Therefore,
denial of the variance request further denies the application's special
exception use request to construct a 140-foot tower at the proposed location.
