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Home My WebLink AboutMinutes - Board of Adjustment - 4/24/2018 MINUTES ORO VALLEY BOARD OF ADJUSTMENT REGULAR SESSION April 24,2018 ORO VALLEY COUNCIL CHAMBERS 11000 N.LA CANADA DRIVE REGULAR SESSION AT OR AFTER 3:00 PM CALL TO ORDER Chair Dankwerth called the meeting to order at 3:00 p.m. ROLL CALL PRESENT: Helen Dankwerth,Chair Stephen Roach,Vice Chair David Perkins,Member Octavio Barcelo,Member Michael Schoeppach,Member STAFF PRESENT: Principal Planner Michael Spaeth Chief Civil Deputy Attorney Joe Andrews EXECUTIVE SESSION-Pursuant to ARS 38-431.03(A)(3)to discuss with and receive legal advice from its attorneys regarding a rehearing of the Verizon setback variance request. MOTION:A motion was made by Member Schoeppach and seconded by Member Barcelo to enter into Executive Session. MOTION carried,5-0. The Board convened in the Kachina Conference Room at 3:02 p.m. The Board reconvened in the Council Chambers at 3:13 p.m. MOTION:A motion was made by Member Schoeppach and seconded by Vice Chair Roach to enter back into Regular Session. MOTION carried,5-0. REGULAR SESSION AT OR AFTER 3:00 PM CALL TO ORDER April 24,2018 Board of Adjustment 1 Chair Dankwerth called the meeting to order at 3:13 p.m. ROLL CALL PRESENT: Helen Dankwerth,Chair Stephen Roach,Vice Chair David Perkins,Member Octavio Barcelo,Member Michael Schoeppach,Member PLEDGE OF ALLEGIANCE Chair Dankwerth led the Board and audience in the Pledge of Allegiance. COUNCIL LIAISON COMMENTS The council liaison for the Board was not present. CALL TO AUDIENCE There were no speaker requests. REGULAR SESSION AGENDA 1. REVIEW AND APPROVAL OF THE NOVEMBER 28,2017 REGULAR SESSION MEETING MINUTES MOTION:A motion was made by Member Perkins and seconded by Vice Chair Roach to approve the November 28,2017 meeting minutes as written. MOTION carried,5-0. 2. ELECTION OF CHAIR FOR THE BOARD OF ADJUSTMENT EFFECTIVE APRIL 25,2018 MOTION:A motion was made by Vice Chair Roach and seconded by Member Perkins to nominate Chair Dankwerth to continue serving as Chair for the Board. Chair Dankwerth accepted by acclamation. 3. ELECTION OF VICE CHAIR FOR THE BOARD OF ADJUSTMENT EFFECTIVE APRIL 25,2018 MOTION:A motion was made by Member Schoeppach and seconded by Member Barcelo to nominate Vice Chair Roach to continue serving as Vice Chair for the Board. April 24,2018 Board of Adjustment 2 Vice Chair Roach accepted by acclamation. 4. PUBLIC HEARING:DISCUSSION AND POSSIBLE ACTION REGARDING A SETBACK VARIANCE TO ENABLE CONSTRUCTION OF A CELL TOWER, LOCATED AT 333 W.COOL DRIVE(0V1701936) Senior Planner Milini Simms provided a presentation that included the following: -Purpose -Location -Zoning Requirement -Five Criteria -Summary -Suggested Motions Applicant Michelle Lamoureux of Pinnacle Consulting,representing Verizon Wireless,provided a presentation that included the following: -Site location -Search Area Map -Alternate Candidate Analyses for the following businesses: -Mr.Hotshine car wash -MPG auto center -Jiffy Lube -Mystic Rhythms Ballroom -A doctor's office -Michelangelo restaurant -ECI building -Vantage West credit union -A self-serve car wash -Plaza Serena building -Walmart market -Canyon Bank -Firestone Automotive -Summary of the request for the setback variance to maintain and improve current coverage Ms.Lamoureux stated that the fall zones were established in 2011 and since then,tower design has improved to become stronger. Questions raised by the Board and addressed by applicant: What is the smaller tower located behind the car wash? Did you look at multiple sites for coverage? Steve Kennedy,consulting RF engineer,provided a presentation that included the following: -Current state of service for the Oracle/Magee area April 24,2018 Board of Adjustment 3 -Capacity objective of the replacement site -Site map -RSRP current coverage -RSRP coverage with replacement -Best server(current,replacement and no replacement) Questions raised by the Board and addressed by the applicant: -Do you have any map coverage examples for one of the lower tower alternatives? -What is the percentage of increased efficacy of service with the new tower? -What proportion of subscribers does the tower serve? -Has there been any evidence of the existing tower buckling or swaying?Is the current tower safe? -Have you received further input from first responders regarding appropriate and adequate coverage? Chad Ward with Sunstate Tower stated both police and fire are Verizon Wireless subscribers, but did not want to get into middle of a"political battle".If there isn't a replacement site established,they will not have the GPS functionality to locate a call. Additional questions raised by the Board and addressed by the applicant -What about the empty lot by the Michaelango restaurant? -Does the Town of Oro Valley's emergency services only subscribe to Verizon? Chair Dankwerth opened the public hearing. Dr.Carlton of Sahuaro Veterinary Clinic,located at 333 W.Cool Drive(the proposed site address),spoke in support of Agenda Item 3. Chair Dankwerth closed the public hearing. MOTION:A motion was made by Member Schoeppach and seconded by Vice Chair Roach to deny the variance to decrease the required setbacks for a proposed cell tower,based on the finding that the following criteria were not met: -That there are special circumstances or conditions applying to the property referred to in the application including its size,shape,topography,location or surroundings which do not apply to other properties in the district,finding:The proposed location of the cell tower is not due to topography nor does the subject property have any special conditions as all lots within the applicant's preferred search ring are not adequate in size for constructing this type of communication facility. -That special circumstances were not created by the owner or the applicant,finding: The applicant created the search ring and chose this type of communication facility for what they have fairly described as economic reasons. -That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights,finding:Minor communication facilities are not a substantial right enjoyed by all property owners within a C-1 Zoning District. April 24,2018 Board of Adjustment 4 -That any variance granted imposes such conditions as will assure that the authorizing of the adjustment shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is located,finding:All properties of this size and shape would require a variance to install this type of communication facility. Therefore granting a variance would be a special privilege for this property alone. -That the authorizing of the variance will not be materially detrimental to persons residing in the vicinity,to adjacent property,to the neighborhood or the public welfare in general,finding:The setback code requirements were established for safety purposes in the event a cell tower should fall.The proposed cell tower,even with the collapsible design,poses harm to the existing building and parking area located on the lot. Member Schoeppach commented that as he had previously stated,the Board is not trying to be difficult.He understands the business argument and coverage issues,but the Board is only authorized to grant variances to the Code if the proposal meets all five of the criteria.This is the reason he cannot vote to do what makes good business sense.Perhaps the Code needs to be changed,but that is not for the Board to decide. MOTION carried,5-0. PLANNING UPDATE(INFORMATIONAL ONLY) Principal Planner Michael stated there was one item tentatively scheduled for the next Board of Adjustment meeting on May 22,2018. ADJOURNMENT Chair Dankwerth adjourned the meeting at 4:02 p.m. Prepared by: ari/U/LOL a/i Jeanna Ancona Senior Office Specialist I hereby certify that the foregoing minutes are a true and correct copy of the regular session Board of Adjustment meeting of Oro Valley,Arizona held on the 24th day of April,2018. I further certify that the meeting was duly called and held and that a quorum was present. April 24,2018 Board of Adjustment 5