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HomeMy WebLinkAbout691-BA DATE: December 3, 2015 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: 691-BA STAFF REPORT David Petrakovitz, agent for T. Mobile West, 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." Mr. Patrakovitz states that the only available commercial properties near the 1800 block of Washington Boulevard are narrow, not allowing for the required buffer, and that the proposed tower will not exceed 100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower would be approximately 156 feet from the nearest residential zoned property, it would be over 226 feet from 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 Being the SW 1/4 of Block 2F, Cartwright Addition, Beaumont, Jefferson County, Texas, containing 0.980 acres, more or less. GENERAL INFORMATION/PUBLIC UTILITIES APPLICANT: David Patrakovitz - agent for T. Mobile West PROPERTY OWNER: Garden of Gethsemane Nursery and Landscaping, LLC LOCATION: Approximately 150' west of 1878 Washington. EXISTING ZONING: GC-MD (General Commercial - Multiple Family Dwelling) PROPERTY SIZE: 0.98 acres, more or less EXISTING LAND USES: Commercial 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: Commercial GC-MD SOUTH: Commercial GC-MD WEST: Commercial GC-MD COMPREHENSIVE PLAN: Conservation and Revitalization STREETS: Washington Boulevard - Secondary Arterial with a 100 foot right-of-way and 54' pavement width. DRAINAGE: curb and gutter WATER: 6” water line SANITARY SEWER SERVICE: 6" sanitary sewer line PROPERTY OWNER GARDEN OF GETHSEMANE NURSERY & RODRIGUEZ RAMIO S & MAGDALENA MCKINLEY MICHAEL L ET UX COMEAUX JOSEPH P COMEAUX JOSEPH P & ELLA SPIVEY REMA JO THOMAS ALEX JR GARDEN OF GETHSEMANE NURSERY & CHRIST FELLOWSHIP CHURCH INC