Memorandum
Date: 6/24/2002
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 199 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 199 feet. The property is currently zoned C-3 (General Commercial
District). The applicant proposes to extend the height of an existing wireless
communication facility 44 feet (from 141 feet to 185 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 185 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 from 300 feet to 199 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:
-
The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property;
No.
-
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 requirements from residential structures and/or residential district
boundary lines. The originally proposed wireless communication structure had a
residential setback of approximately 141 feet from the nearest residential
district boundary line and a distance of 199 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 residential 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 44 feet (from 141 feet to 185 feet)
with the condition that the wireless communications tower be placed at its
initial residential setback of 199 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 199
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 requested variance will reduce the minimum residential setback
requirement of a wireless communications tower from 300 feet to 199 feet.
The 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 199 feet. Thus permitting the applicant to extend the
height of the existing wireless communications tower 44 feet (from 141 feet to
185 feet) with the following conditions: 1) The variance request to reduce the
minimum residential setback of the wireless communications tower from 300 feet
to 199 feet is granted; 2) The wireless tower must meet the standard for the
minimum residential setback requirement where, ?a tower must be placed no
closer than a distance equal to the height of the tower structure from any
residentially zoned district or residential structure, whichever is greater in
distance;? 3) The tower must be placed at a minimum residential setback of 199
feet from the nearest residential structure; and 4) the height of the tower
shall be 185 feet.
