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HomeMy WebLinkAboutVA199900012 Application 1999-04-30 County of Albema Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 �/J VA- �l DATE: 3O l� FEE: 95.00 ig /N STAFF: 1 AO ( „ VARIANCE APPLICATION r‘JT\A 13 OWNER (as currently listed in Real Estate) Name Southern Sun, Inc. Phone (804 ) 973 -3122 Address c% Kiran Patel, President, 7224 Merrimac Trail, Williamsburg, VA 23185 APPLICANT (if different from above) Name Triton PCS Phone ( 804 ) 32 3- 9500 Ext 292 Address c/o George Cumming, 9211 Arboretum Parkway, Richmond, VA 23220 CONTACT PERSON (if different from above) Name Steven W. Blaine, Esq. Phone ( ) - Day Phone ( 2n4 ) 977- 2R2 Address McGuire, Woods, Battle & Boothe, LLP, 310 Fourth Street, N.E. , Suite 300 Charlottesville, VA 22902 LOCATION: PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP 78 , PARCEL 4511 TM , P ; TM , P ZONED: RA ORDINANCE SECTION: Section 10.4 Board of Zoning Appeals Date: _/ /_ ( ) Special Permit ( ) Variance ( ) Proffers BZA ACTION• 5 bb�,,,/ • VA 99-12 (Signs #13, 20 & 21) - Southern Sun, Inc.(owner), Triton PC (applicant). Located on eastern-most quadrant of inters of Rt. 250/164. TM 78/Parcel 45A, zoned Rural Areas. Request is to reduce both the front, 75-foot, and side, 25-foot, setbacks to 16 ft to allow a tower and accessory equipment to be constructed adiacent to 164.\qlr\ DESCRIPTION OF REQUEST: Applicant proposes to construct a wooden pole to support personal wireless antennas on the parcel in question. Th.- wooden pole and related equipment cabinet will be erected within 75 feet of the right-of-way for Interstate 64. The property is zoned RA and the proposal appears to require a variance from the 75 feet front set-back from the public right-of-way. JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce undue hardship. The parcel in question does not actually front onto I-64. Access to the parcel , which is located behind the Ramada Inn, is via a private road. The actual roadway for the Interstate is well in excess of 75 feet from the propos-d wooden pole. Locating the antennas further back from the right-of-way will require locating the antennas on a higher structure (possibly a tower. instead of a pole) and, therefore, conflicts with County policy to promote lower structures for wireless 2) That such hardship is not shared generally by other properties facil- in the same zoning district and the same vicinity. ities. The parcel in question is only a 0.69 acre parcel . It is unusually shaped and does not hay imilar to other prn, r� rti es in-the district or in the sam vicinity_ 3) That the authorization of such variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. See Special Use Permit Application, attached. This finding must also be made by the Board of Supervisors fnr the proposal to be rnnstriirted_ The application may be deferred by the staff or the Board of Zoning Appeals, if sufficient information necessary to this review has not be submitted by the deadline. I hereby c ify that the information provided on this application and acco ing i formation is accurate, true and correct to the best of owle and belief. fter 7.?0 (C2F7 iS ature Date Receipt# D e �.vuttiiy tn. ti1ueiiiui-iv ❖ uepartment of .lSiulldl.ng Code and Zoning Services OFFICE USE ONLY SP# TMP Sign# Mag.Die. Staff Date _ Application for Special Use Permit Project Name(bow should we low io this oppiksttoon I-64 and Route 250 *Existing Use Raw Land Proposed Use Tree Top Monopole *Zoning District RA *Zoning Ordinance Section number requested ('staff will assist you with these items) Number of acres to be covered by Special Use Permit tiro Porno.tt most be&flouted on pJ.t) •69 Is this an amendment to an existing Special Use Permit? 0 Yeah No Are you submitting a site development plan with this application? O YesCI No Contact Person(Whom should we call/write concerning this project'):_ ( eorge Cumming Address 9211 Arboretum Parkway City Richmond State VA Zip 23220 Daytime Phone( 804 ) 323-9500, eat 292 Fax# (804) 323-4508 E-maipCumming@TritonPC5.cc Owner of land(As listed in the County•s records): Southern Sun, Inc. , Kiran Patel, President Address 7224 Merrimac Trail city Williamsburg State VA Zip 23185 Daytime Phone(804 ) 973-3122 . Fax# E-mail Applicant(Who is the contact person representing?who is requesting the special use?); George Cumming Address 9211 Arbbretum Parkway City Richmond State VA Zip 22902 Daytime Phone( 804 ) 293-4558 Fax# (804) 323-4508 F.mairGCumming@Triton PCS.Com Tax map and parcel 07800-00-00-04 SA0 Physical Address(if.asigned) 2097 Inn Drive, Charlottesville, VA 22911 Location of property(landmarks,intersections,orother) Parcel, West of Ramada Hotel and South of 1-64 Does the owner of this property own(or have any ownership interest in)any abutting property? If yes,please list those tax map and parcel numbers Yes, 07800-00-00-06000,04500 OFFICE USE ONLY Fee amount$ Date Paid Check#_ Receipt# By. History: 0 Special Use Permits: ❑ZMAs and Proffers: Cl Variances; CI Letter of Authorization Concurrent review of Site Development Plan? O Yes O No 401 McIntire Road + Charlottesville,VA 22902 + Voice: 296-5832 4 Fax: 972-4126 Describe your request in detail and include all pertinent information such as the numbers of persons involved in the use,operating hours,and any unique features of the use: See Attached ATTACHMENTS REQUIRED - provide two(2) copies of each: ❑ 1. Recorded plat or boundary survey of the property requested for the rezoning. If there is no recorded plat or boundary survey,please provide legal description of the property and the Deed Book and page number or Plat Book and page number. Note: If you are requesting a special use permit only for a portion of the property, it needs to be described or delineated on a copy of the plat or surveyed drawing. Li 2. Ownership information If ownership of the property is in the name of any type of legal entity or orgaui7ation including,but not limited to,the name of a corporation,partnership or association,or in the name of a trust, or in a fictitious name,a document acceptable to the County must be submitted certifying that the person signing below has the authority to do so. If the applicant is a contract purchaser, a document acceptable to the County must be submitted containing the owner's written consent to the application. If the applicant is the agent of the owner, a document acceptable to the County must be submitted that is evidence of the existence and scope of the agency. OPTIONAL ATTACHMENTS: ❑ 3. Drawings or conceptual plans,if any. ❑ 4. Additional Information,if any. I hereby certify that I own the subject property, or have the legal power to act on behalf of the owner in filing this application. I also certify that the information provided is true and accurate to the best of my knowledge. Signature Date Printed Name Daytime phone number of Signatory 3 What is the Comprehensive Plan designation for this property? Recommended for How will the proposed special use affect adjacent property? Because the top of the pole and antennas will be approximately the height of the top of the tree line,the proposed use will have no adverse effect on the adjacent property. The proposed pole will not be readily visible to the property owners adjacent to the Southern Sun parcels. The visibility of this site from Interstate 64 from a moving car will also be limited-especially when the trees are in full foliage. Neighboring parcel are improved with a hotel,signage,and a sewage treatment facility. The property owners also own a rental house neighboring the site. How will the proposed special use affect the character of the district surrounding the property? Because the district surrounding the property Iies along an interstate and is surrounded by a variety of mixed uses and signage,the character of the district surrounding the property will not be affected. How is the use in harmony with the purpose and intent of the Zoning Ordinance? Although the property is zoned R-A,the Board of Supervisors has previously approved a similar facility on a neighboring parcel. Therefore,Triton believes that this use is appropriate and is in general accord with the direction that the planning staff has recommended and the direction that Albemarle County's telecommunications consultant has recommended to the industry and presumably will recommend to be adopted into the zoning ordinance. How is the use in harmony with the uses permitted by right in the district? The use is not in conflict of other uses permitted by right in the district_ The small equipment cabinet will be unmanned. No vehicle traffic or noise will be generated by this use. What additional regulations provided in Section 5.0 of the Zoning Ordinance apply to this use? Section 5.1.12 outlines public utility structures and uses. As required by subsection(c),the applicant will remove or repair our addition to the tower if it falls into a state of disrepair or threatens the safety of the general public. How will this use promote the public health,safety,and general welfare of the community? With respect to the ability of the applicant to provide service to the community,this use will allow the applicant to improve the quality,capacity and coverage of wireless phone services in the County. This will improve the ability of citizens of the County to conduct business more readily and have use of the applicant's services for recreational purposes. In addition,the applicant's services can be used in emergency situations and can be utilized when traditional phone lines are out of service_ Describe your request in detail and include all pertinent Information such as the numbers of persons involved in the use,operating hours and any unique features of the use: In the original description of the proposed Triton network that was discussed with the planning staff and the Board of Supervisors,Triton described the need to place a facility along interstate 64,west of the Route 250 interchange. That site with a 200-ft.monopole would cover the area of I-64 and Rt.250. Based on previous decisions on towers made by the Board of Supervisors and based on the recommendations of the Albemarle`s staff and telecommunications consultant,Triton made the assumption that a 200ft pole would not be approved in this area. There are no existing towers or structures within the immediate vicinity offering enough height to cover the same area. The Radio Tower north of 1-64 has no additional capacity. Therefore,Triton is proposing a shorter"tree top"pole. The need to place our proposed facility in area is imperative for the operation of our network. Without the approval of our proposed facility on this property,Triton would be unable to have connectivity between our sites. This most likely would result in dropped calls and poor if not any coverage along I-64 and Route 250_ The applicant proposes to place a facility on the property owned by Southern Sun,Inc. The pole will be similar to the CFW site located in the Bell Air subdivision. The applicant proposes to place a pole on the northern edge bordering 1-64. The pole would be approximately the same height ofthe tall trees on the parcel. The applicant's equipment cabinet will be placed on a concrete pad at the base of the tower. The dimensions of the equipment cabinet are 6'-9"ft tall,5'long and 3'-6"wide. The applicant will provide landscaping as recommended by the County's Architectural Review Board. `V ./' )iv A4 0l4dG ZIh SPECIAL LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That 1/We (Name) S'.. - 'tz4J �^Nt TelephoneV.—tk;) Z 3 31�Z (Address) �Cl _ � Vrtsa-`.-,'C 15.i 4 L-LE Jj\ Z L Cl I being ail of the owner(s)of the property described as County/City tax map numbers: County of Albemarle/Commonwealth of Virginia. Tax Parcel No. 07800-00-00--045A0 and authorized to take such action,do hereby make,constitute and appoint: (Name)George A.Cummigg Telephone(804)323-9501?ext.292 (Address)9211 Arboretum Parkway,Suite 200,Richmond.VA 23236 (Name)Steven W.Blaine Telephone(804)977-2588 (Address)P.O.Box 1288,Charlottesville,VA 22902 to act as my/our true and lawful attorney-in-fact for and in my/our name,place and stead with full power and authority I/we would have if acting personally to seek,comprehensive plan amendment,rezoning,conditional use,special use permit,variance,substantial accord determination and/or building permit. In witness whej of,I/we have hereto set my/our hand this / tk day of ! 7.1 'eat, , 199,.. 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