Orange County — Board of Zoning Adjustment

SE-99-07-017 — American Tower Corp

Request: For Special Exception in A-R zone to erect a 1,600 ft. high communication tower (guyed) and to expand equipment building up to 11,000 sq. ft.

Decision: Approved

Hearing: The Staff Report is located on pages . In the report, Staff stated a concern that the applicant did not request a variance on the tower-to-residential separation requirement. Staff caught the deficiency upon review of the request, but the request was already legally noticed. Properties to the north and east are zoned A-R (Agricultural Residential District); the properties are owned by three separate parties. The proposed tower is within the 1,500 feet separation requirement. One of the three residential property owners (Mr. Stucki) appeared at the BZA hearing; he stated he would provide a notarized letter of no objection to the residential separation deficiency, once he and the applicant consumate a private agreement that relocates the tower approximately 200 feet away from his property (located to the north of the subject site). The applicant requested flexibility on the tower-to-residential separation requirement. He pointed out the A-R properties are vacant, encumbered by borrow pits/transmission lines, and/or wetlands. Also, the tower is close to and no different visually than the existing tower on-site. He indicated attempts have been made to notify the owners of the residential properties, and he¿d be willing to provide documentation to that effect. In its condition #6 the BZA granted the applicant the opportunity to prove that he sent notice to the two other residential property owners. The intent of the BZA was to ensure that the owners were advised of the deficiency in the tower-to-residential separation requirements, and that such notice substantially complied with the timing requirement for prior notification on BZA public hearings. Documentation received after the public hearing revealed the notices did not meet the BZA¿s requirement; therefore, another public hearing for a Variance will be advertised and noticed for the August BZA meeting. As to condition #5 requiring removal of the existing tower, the applicant testified the purpose of*