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Home My WebLink AboutVA200000020 Application 2000-06-05 County of Albemarle Department of Zoning 401 McIntire Road Charlottesville, VA 22902-4596 (804) 296-5875 FAX (804) 972-4060 VA- ()MU - 0 DATE: 6 -S-00 FEE: $95. 00 Cal STAFF: 5 a„/,n 101\0 #/ VARIANCE APPLICATION GG''""OO ALLTEL/I-64 East a/ OWNER (as currently listed in Real Estate) Name David C. Weber Phone (804 ) 971-9668 Address 271 Malvern Farm Road, Charlottesville, VA 22902 APPLICANT (if different from above) 360° Communicatons Company of Charlottesville Name d/b/a ALLTEL Communications, Inc. Phone 4 c/o M.E. (Dick) Gibson, Esquire, Tremblay & Smith, L.t. . 977 -4455 Address P. 0. Box 1585, Charlottesville, VA 22902 CONTACT PERSON (if. different from above) Name M.E. (Dick) Gibson, Esquire Phone ( 804 ) 977-4455 Day Phone ( 804 ) 977-4455 Address Tremblay & Smith, L.L.P. , P.O. Box 1585, Charlottesville, VA 22902 LOCATION: Tax Map 73-31D PLEASE PROVIDE A DESCRIPTION AND JUSTIFICATION OF YOUR REQUEST ON THE BACK OF THIS SHEET. OFFICE USE ONLY TAX MAP n 1-2, , PARCEL 31D ; TM , P ; TM , P ZONED: ft ORDINANCE SECTION: JO , 4 Board of Zoning Appeals Date: _/_/_ 5rr AfSah (01 Special Permit 5F ZCo U0 3 J ( ) Variance 16,31 6/300sr ( ) Proffers (i� LRJJ Rile BZA ACTION: h/ )01,0 4S/alre r 1 S, ��\ 7"' -74 t'ladu,,,_ VA-2000-020 (Sign 21) — David Weber (owner)/360° Communications Co. of Charlottesville d/b/a Alltel Communications, Inc. (applicant). Located on E side of Rt. 708, approx. 0.5 mi. N of its inters w/Rt. 637. TM 73/Parcel 31 D, zoned Rural Areas. Requests reduction of the front yard setback from 75 to 10 ft to allow construction of a new 90-ft monopole tower. f DESCRIPTION OF REQUEST: See Attached JUSTIFICATION SHALL BE BASED ON THESE THREE (3) CRITERIA: 1) That the strict application of this ordinance would produce • undue hardship. See Attached 2) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity. See Attached 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 Attached 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 certify that the information provided on this application and accompanying information is accurate, true and correct to the best of my knowledge and belief. Oti..c.--CSI.....,4 . 64/00 l 3 k (� -5 00 Attorney ror 360° Communications Date Receipt# ' Date Company of Charlottesville 360° COMMUNICATIONS COMPANY OF CHARLOTTESVILLE d/b/a ALLTEL COMMUNICATIONS, INC. (1-64 East Site) 360° Communications Company of Charlottesville d/b/a ALLTEL Communications, Inc. ("the Applicant") submits this application in conjunction with its Special Use Permit application filed by the May 30, 2000 deadline. (Note: This application contains a copy of the landowner's permission letter to file this application, because the original of that letter was filed with the Special Use Permit application.) The Applicant hereby requests the following: (1) a 56-4'variance to the 75' required right-of- way setback (Section 10.4) from Route 708, and ( he 1:1 lower lower height-/-setback r-atio.._ requirement set,# -tfraectron-4:10:3:1: The Applicant's proposed facility includes a 90' monopole tower, the-Genie-tithe ter of which is located 18.6r from the boundary of the right-of-way. The applicable setback provisions are designed to prevent undue crowding of land, and to prevent safety hazards should a tower fall. The proposed facility does not create any undue crowding of land by its placement. Furthermore, the tower presents no safety risk of falling. The proposed tower's monopole design is constructed to withstand high wind speeds, and, in the unlikely event of tower failure, is designed to collapse into itself rather than fall on its side. Accordingly, the proposed tower's placement, 18.6'from the right-of-way,does not violate any intention of the applicable setback provisions. Furthermore,the proposed facility meets the three criteria listed on the variance application form as follows: 1. Strict application of the ordinance would produce undue hardship. The placement of the tower is carefully selected so the tower can provide adequate coverage while still concealed among the trees. Movement of the facility would either create a situation of inadequate coverage or would make the tower more visible. The proposed site allows for adequate coverage and little visibility while remaining faithful to the objectives of the setback ordinance. 2. Such hardship is not shared generally among other properties in the vicinity. The hardship is created as the result of balancing adequate telecommunications coverage and low visibility. Such considerations are not applicable to most other uses, but are unique to telecommunications facilities. The proposed facility satisfies both conditions while preventing undue crowding and minimizing safety concerns. 3. Authorization of the variance will not be of substantial detriment to adjacent property or the character of the district. In fact, authorization of the variance is the best way to prevent detriment in that regard. Without authorization of the variance, the facility would have to be located in an area where it would be more visible, and therefore have a more substantial impact on its surroundings. As it is proposed,the facility has little impact because of its minimal visibility among the trees. The County recently approved a similar variance request for CFW's Ivy & 1-64 facility (SP 99- 11). That facility is immediately adjacent to the Applicant's proposed facility. The County approved the variance because moving the facility to meet the setback requirements would require the tower be outside the cover of the trees, and therefore be extremely visible. The same analysis applies to the Applicant's proposed site, because moving the proposed facility would also result in the tower being outside the cover of the trees. Accordingly, the Applicant's request for a variance should also be approved. For these reasons, the Applicant requests the Board of Zoning Appeals grant its request for a variance of 56.4'to the 75'setback requirement, and waive the 1:1 setback ratio requirement set forth in Section 4.10.3.1 of the Zoning Ordinance. SITES UNLIMITED , INC . ACQUISITION CONSULTANTS AND REAL ESTATE SALES 2004 SNEAD AVE. COLONIAL HEIGHTS, VIRGINIA 23834 804-520-8726 PERMISSION LETTER for 360° Communications Company CHARLOTTESVILLE d/b/a ALLTEL COMMUNICATIONS TO WHOM IT MAY CONCERN: The undersigned, owners of property in Albemarle County, Virginia, designated as Tax Map 73 Parcel 31D, and more particularly located on the east side of Rt. 708 between Rt . 637 and 1-64, do hereby consent to the proposal by 360° Communications Company of Charlottesville (d/b/a ALLTEL COMMUNICATIONS) to perform radio frequency studies, survey field work, soil borings, environmental audit and resistivity testing to install and operate a telecommunications facility consisting of a tower, antennas, equipment building and other necessary improvements and authorizes 360° Communications Company of Lynchburg and its representatives to seek all necessary approvals from all governmental agencies or bodies to permit the construction and operation of the foregoing. Di ) WdeC , , s://,ege2 DAVID C. WEBER ate V1I ( EOOK Gi6O PA6.0032 r:rc • . Ik .( •I. I I • ` y . ;. -•'•....^111. Damao; Como 4`1, s,pnwo, n/w ,00,...♦, .., :f :I'i INTERSTATE 64 1 I i f B i ; "m !Io q , • Op0 9•�!� 59S'O OYI w ' J196- iY 3.9 • d29� 1 NZ�- 'r9/' 'r4s' ..... Y +r' �� • 70.00 Ac, 31 pc Parcel B • i ` ' 0rC6f _ - i i • ` : . . 1 '4(.0215 � 1 I I, v. i • -, `7. i Wit, Wa 1 Aok• Points a,e,C,c 9E• 1 'ere.rot.4nrryna of In.s Cn t �. r dote. Bearings bnd d+flonees o o .. �.E' ,.-Al •J. -�•.,• .-�1 ian,bl hum plot dolr>,o O s _ I IC i'a?,�! •D �1 I eplet*Ddr,4969 od mos'ded co m ftc,, e� • 1 I 09 464 a SOB vim eo+coon Y _�G_S. ` `- , iO+*e W. I .i I C7�senl ro+Af,on r 5 Y _ - ife rya saDorpts w•.eys ' poi' A' - ••� 1 I. .'rr _ 3000 • . W ! gal°.e•s6 y':. R�TE G 7 r+ TE i •.. _ S7 >II r�i1 i ' ! =• I I j 1 U= • it ;�, I;_' i PLAT SHOWING•, IIr,, ,. '7. ' • I. PARCELS B 8 C CONTAINING 6Q 3J. ;ACRES '.Js f 7 • •.fit I — BEING A PORTION OF PARCEL 31 'TAX MAP 73 :1: ilt I.. '.Ir .1 I 1 • ' ' ! I I LOCATED NEAR IVY ' ' • .' i — ; ALBEMARLE COUNTY, VIRGINIA. •: ' . I _ ;, T• s ter-�I 1 ; ,.. .µ�.. :: I Cir 54-173 (a)655 c;: ;' • a.i r1 r. • • l.r4,1 t ' -�:, - "!'-'0✓•111.4 ill 1 '1N�1 "I 1,111g t� DUDA$LSN. >t C.N it F �f`;�' }3 ,.��; t:-'•''. � V .� CFRTiFIEb LAND 5URtE70Q5 ` ,:. x �' ='" . SEPTEI�I9ER I. 19r.8 Ili: •,•.ir N—...rr. _.-....- -._ ._.. ,..--_ _ Vl,..riajp .