Orange County — Board of Zoning Adjustment

VA-99-08-002 — American Tower Corp.

Request: For Variance in A-R zone to erect a 1,600 ft. communication tower (guyed tower) within 1,500 ft. of residentially zoned properties to the north and east.

Decision: Approved

Hearing: The proposed tower was before BZA on July 1, 1999, for a Special Exception (which was approved). One of the BZA's conditions to that Special Exception approval was documentation that the three (3) property owners within 1,500 feet of the proposed tower submit letters of no objection (or do not indicate objection after being duly advised via certified mail return receipt). One of the property owners protested the request. Therefore, the Board of County Commissioners set aside the Special Exception request from their Consent Agenda until the variance issue was resolved. The opposition (the "Drinkwater's") voiced a concern regarding the value of their vacant property which was purchased as a family investment. The Drinkwater's property is approximately 1,100 feet from the proposed tower. In response, the applicant suggested that the western 500 feet of the Drinkwater's property had limited development potential due to conservation areas and a 300 feet wide overhead electrical utility easement. These features would separate the developable portion of the Drinkwater's property from the tower by approximately 1,600 feet. The BZA concluded that the Drinkwater's invested in their property recognizing that towers were already close to their property (the applicant has a 1,550 feet tower within 1,300 feet of the Drinkwater property). The BZA also considered the engineering principles behind the construction of guyed towers. As a guyed tower of 1,600 feet, it is designed to collapse within the confines of they guy wires; meaning it would not create a hazard to the adjoining properties. Based on the pre-existence of towers in the area, and allaying the safety concerns, the BZA approved the request.