Orange County — Board of Zoning Adjustment

SE-00-03-011 — Sba, Inc.

Request: Special Exception in A-2 zone to allow single use (non-colocated) communication ;tower in lieu of co-located tower (proposed tower is 145 ft. tall monopole).

Decision: Approved

Hearing: "The Staff Report and recommendation is located on pages ----. The proposed tower requires Special Exception approval because it lacks co-location (a second user on the tower). If there had been a second committed user documented via a Memorandum of Lease Agreement, then the tower would be permitted by right without a public hearing. There was no public opposition to this request. The applicant submitted a signed lease agreement with its one committed user, Roman.Net, therefore, condition #2 was modified to delete that requirement. The District BZA member expressed concern about a potential aesthetic impact with the tower being located close to the public roadway (Narcoossee Road). The applicant was asked if the tower could be moved back. The applicant stated they are leasing the property, and the location of the tower was at the direction of the property owner. BZA suggested a one-month continuance so the applicant could speak with the property owner about moving the tower back. The applicant did not want a continuance. The BZA agreed to allow the applicant to proceed with a recommendation of approval of the Special Exception; however, the BZA advised the applicant consult with the property owner within the County's 15-day appeal period about moving the tower back, understanding that an additional hearing by the Board of County Commissioners may be necessary if the tower location issue is not resolved. (Note: When the BCC considers the BZA recommendations on March 21, 2000, Staff will report to the Board its findings on the proposed tower relocation effort by the applicant and any consequential site plan modification that results from that effort)."