Orange County — Board of Zoning Adjustment

SE-00-05-007 — American Tower Corporation

Request: Special Exception in C-2 zone for single use and camouflaged communication tower (flag pole). If the BZA determines the camouflaged tower is not compatible with the nature and character of the area, then the following Variances to the tower-to-residential separation requirements are needed: 1. 140 ft. in lieu of 240 ft. from R-3-B vacant multifamily zoned property to the south (Lee Vista Center DRI in City of Orlando); 2. 326 ft. in lieu of 600 ft. from mobile home residences to the west.

Decision: Approved

Hearing: The Staff Report and recommendation is located on pages ---. The applicant stated they have full intentions on colocating within the coming months; however, it is necessary for Nextel to provide service in the area now. The applicant likened the tower construction to an "anchor tenant" in a shopping center that will draw other users to it, once built. The applicant further stated an opinion that the BZA mandating colocation violates the Telecommunication Act. Staff opinioned that the colocation condition did not violate the Act. The applicant has not demonstrated any effort to attempt colocation. Staff stated there are very few new single use towers since the Tower Code was amended in 1997, and that most carriers have found it quite easy to partner with one another. It was noted that Nextel/American Towers had submitted several BZA requests within the past few months for single use towers. The BZA approved the camouflage tower. The Tower Code allows an automatic 50 per cent reduction in the tower-to-residential separation requirements if the BZA determines it is compatible with the area. The BZA did make that determination; the resulting reduction in separation distance brought the tower into compliance with this requirement. The BZA denied the single use tower request and required colocation prior to permitting of the tower; the BZA gave the applicant twelve (12) months to obtain that colocation. The applicant did not agree with the condition. There was no citizenry opposition to this request.