HomeMy WebLinkAbout714-BA
DATE: April 6, 2017
TO: Board of Adjustment
FROM: Adina Ward, Planner II
SUBJECT: To consider a request for a variance to the prohibition of Cellular telephone
transmission towers within two hundred (200) feet of a residentially zoned
property.
FILE: 714-BA
STAFF REPORT
Eco-Site, is requesting a variance to Section 28.04.008 Special Conditions, of the Zoning
Ordinance which states, "Cellular telephone transmission towers shall be prohibited
within two hundred (200) feet of a residentially zoned property. The method of measuring
the distance between the cellular telephone transmission tower and the residential zoning
district shall be from the nearest lease or property line of the cellular telephone
transmission tower facility to the nearest residential district boundary." The applicant
states that the proposed tower, to be located at 3410 Concord Road, will be 100 feet in
height, in order to minimize the visual impact on the neighborhood. Although the tower
would be over 150 feet from the nearest residential zoned property, it would be as close
as 138 feet to the nearest residence.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for a variance have been met.
Exhibits are attached.
PUBLIC NOTIFICATION
Notices mailed to property owners 10 .
Responses in Favor . Responses in Opposition .
LEGAL DESCRIPTION
A portion of that certain tract of land as described in Instrument Number 9634243 as recorded in
the Office of County Clerk for Jefferson County, Texas, situated in the A. Williams Survey,
Abstract 385 of said Jefferson County, and being more particularly described as follows:
COMMENCE a 1" open pipe found marking the Northeast corner of Lot 15 as shown on a plat
of "Lynwood Terrace Addition Block 8" Volume 8, Page 117 as recorded in said Office; thence
run S 02°40'35" E for a distance of 55.15 feet to a 1" open pipe found marking the Southeast
corner of said Lot 15; thence run S 07°17'30" W for a distance of 316.81 feet to the POINT OF
BEGINNING; thence S 01°03'21" W a distance of 43.72 feet to a point; thence S 83°45'28" W a
distance of 58.32 feet to a point; thence N 02°28'20" W a distance of 51.23 feet to a point; thence
S 88°56'39" E a distance of 61.00 feet to the POINT OF BEGINNING. The above described
tract to contain 2823.96 square feet (0.07 acres), more or less.
GENERAL INFORMATION/PUBLIC UTILITIES
APPLICANT: Eco-Site
PROPERTY OWNER: Nathaniel Tarver
LOCATION: 3410 Concord
EXISTING ZONING: GC-MD (General Commercial - Multiple
Family Dwelling)
PROPERTY SIZE: 0.07 acres, more or less
EXISTING LAND USES: Parking lot
FLOOD HAZARD ZONE: “X” - Areas determined to be outside 500-
year floodplain
SURROUNDING LAND USES: SURROUNDING ZONING:
NORTH: Commercial GC-MD (General Commercial - Multiple
Family Dwelling)
EAST: Residential GC-MD / RS (Residential Single Family
Dwelling)
SOUTH: Commercial GC-MD
WEST: Commercial GC-MD
COMPREHENSIVE PLAN: Conservation and Revitalization
STREETS: Concord Road - Secondary Arterial with a
86' right-of-way and 50' pavement width.
Steelton Street - Local Street with a 60'
right-of-way and 30' pavement width.
DRAINAGE: curb and gutter on Concord Road, open
ditch on Steelton Street.
WATER: 8” water line
SANITARY SEWER
SERVICE: 8" & 5" sanitary sewer lines
PROPERTY OWNER
AH GROCER INC
CENTENO JOSE HERIBERTO
DURBIN LEROY ET UX
OLD TOWN GROCERY INC
ROSTRO CARLOS &
TARVER NATHANIEL
TINKLE PANDORA
TINKLE RICHARD & LINDA
WENDT ESTELLA M