Orange County — Board of Zoning Adjustment

VA-99-08-001 — Orange County Zoning Division

Request: For Variance to allow existing Florida Power utility pole replacement with ancillary communication antennas to remain at 100 ft. in height in lieu of 85 ft.

Decision: Approved

Hearing: Staff provided a detailed account of the case history and justification for the variance. The opposition centered on the issues of (1) visual impact and (2) whether or not the 100 feet dual-use utility pole created an encumbrance on adjoining properties which would preclude otherwise permitted development to occur. Staff and legal counsel (Paul Chipok of Gray, Harris & Robinson) confirmed to the opposition and the BZA that the distance separations required of the dual-use pole do not encumber the adjoining properties. The separation restrictions apply to the placement of the pole with regard and respect to existing homeowners. Future development can occur within the separation areas subsequent to the construction of the pole, since future purchasers would have full view and knowledge of the dual-use pole prior to purchase. Regarding the visual impact, the BZA concluded that this dual-use pole is situated within and is part of an electric utility easement, characterized by utility poles at least 65 feet tall. As such, the existing dual-use pole at 100 feet was consistent and compatible with the characteristics of the utility easement. The variance was seen as consistent with the purpose and intent of the Communication Tower Ordinance, in that it helps minimize the need for new-free standing towers, by virtue of the dual-use on an electric utility pole.