Columbus Consolidated Government
Council Memorandum
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TO: Mayor and Councilors
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Date: 11/10/2009 12:00:00 AM
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TO: Mayor and Councilors
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Date: 11/10/2009 12:00:00 AM
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Created:
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11/6/2009 9:43:00 AM
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THRU: Isaiah Hugley, City Manager
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FROM: Rick Jones, AICP, Planning Director
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Subject: Old Buena Vista Road Wireless Communication Tower
No attachments for this document.
On November 4, the Board of Zoning Appeals approved a request to allow a
wireless concealed support structure at 425 Old Buena Vista Road. The request
had come as an appeal to the administrative decision given by both the
Inspections and Code Department and the Planning Department, that the proposed
concealed structure did not meet the definition as contained in Chapter 13 of
the Unified Development Ordinance. It was because of this action no building
permit was issued and that the applicant appealed this decision to the Board of
Zoning Appeals. This is not the first time this particular site has been heard
for such a request. On January 27, the City Council denied a Special Exception
request to locate a 195 foot wireless communication tower at this location.
Again on September 2, the Board of Zoning Appeals heard a request to locate a
195 foot wireless concealed support structure that would have had features to
resemble a street or parking lot lighting structure. The Board rejected this
request.
Under the Unified Development Ordinance, the definition for a Concealed
Support Structure means:
"any freestanding structure constructed for the primary purpose of supporting
one or more antennae but designed to resemble an architectural or natural
feature of the specific environment, concealing or camouflaging the presence of
the antennae. The term includes but is not limited to clock towers,
campaniles, water towers, silos, light poles, flagpoles, and artificial trees."
This latest request that was approved unanimously by the Board of Zoning
Appeals and will allow a 180 foot high flag pole to be located primarily on a
vacant lot. There are no other buildings or accessories to be used in
conjunction with this structure. It is the Planning Department's opinion that
this structure has no reference to its immediate environment or surroundings.
It is for this reason that the Planning Department opposed this request, and
strongly argued that the proposed use would not resemble any architectural or
natural feature of the specific environment in this immediate area. It will
simply be an 180 foot independent flagpole without any association to anything
that surrounds it.
In conferring with the City Attorney on this matter, administrative decisions
ruled on by the Board of Zoning Appeals may not be appealed to the state
Superior Court.