Orange County — Board of Zoning Adjustment

SE-22-03-147 — Ryan Woods for Duke Energy

Request: Special Exception and Variances in the R-1A zoning district as follows: 1) Special Exception to allow the construction of a 265 ft. high lattice communication tower. 2) Variance to allow the distance separation from offsite uses of 24 ft. in lieu of 1,500 ft. 3) Variance to allow the distance separation between communication towers of 350 ft. in lieu of 5,000 ft. 4) Variance to allow the elimination of landscape screening around the perimeter of the tower.

Decision: Approved

Hearing: SYNOPSIS: Staff described the proposal, including the location of the property, the history of the existing tower, the location of the existing and proposed tower, the site plan and tower specifications, the distance separation between the proposed tower and the nearest communication towers in the area, the distance separation between the proposed tower and the nearest residential and photos of the site. Staff provided an analysis of the six (6) special exception and variance criteria and the reasons for a recommendation for approval since the proposal meets the intent of the code. Staff noted that no comments were received in support or in opposition. The applicant was in agreement with the staff presentation, however requested more than one year to allow removal of the existing tower after completion of construction. There was no one in attendance to speak in favor or in opposition to the request. The BZA stated that the replacement of the tower and the location was appropriate for the proposal and unanimously recommended approval of the special exception and variances by a 4-0 vote, with one abstain and two absent, subject to the eight (8) conditions in the staff report, and an amended Condition #5, which states "The existing lattice tower shall be removed within 1.5 years of the completion of construction of the new lattice tower, subject to supply chain issues."