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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