Orange County — Board of Zoning Adjustment

SE-00-01-014 — American Infoage

Request: Special Exceptions in I-2 zone to construct monopole communication tower as follows: 1. single use tower in lieu of co-located tower; 2. monopole greater than 170 ft. in height (200 ft. proposed).

Decision: Approved

Hearing: The Staff Report and recommendation is located on pages . .. The key issue in this case is co-location. Staff was concerned the applicant would be building a "spec" tower sans any commited users. At the time of application, the applicant had only one prospective user, with no commitment. At the public hearing, the applicant testified he consumated an agreement with one user, and was in negotiation with a second. He asked the BZA to modify condition #3 to only require two instead of three "upfront" committed users. The applicant explained he needed to build the tower at 200 ft. (in lieu of 170 ft.) at the onset because his first committed user required signaling at this height. It will take time to find and consumate an agreement with the third party; due to budgetary constraints, they need to start construction and get the two users up and running immediately. The BZA recognized the fact this applicant's source of income is in leasing space on towers. Therefore, the BZA agreed to modify the condition as requested, but required the applicant to consumate and show proof of the two co-locations by the end of this year. There was no opposition to this request.