HomeMy WebLinkAboutSDP201400013 Staff Report 2014-09-10 N..► 40100 ATTACHMENT B
STAFF PERSON: Sarah Baldwin
BOARD OF SUPERVISORS: September 10, 2014
Special Exception to waive provisions of Section 4.2 of the Zoning Ordinance for Critical
Slopes.
Section 4.2.5 sets forth the factors to be considered in acting on a special exception. Below are
the provisions of Section 4.2.5(a)(3), along with staff's analysis. Under Section 33.9 of the
Zoning Ordinance, Special Exceptions, the Board of Supervisors may modify or waive any
requirement of Section 4.2 based on these provisions, however, no specific finding is required in
support of the Board's decision.
"a. Strict application of the requirements of section 4.2 would not forward the purposes of this
chapter or otherwise serve the public health, safety or welfare;"
Granting the modification request will better serve the public health, safety or welfare by
allowing construction of a PWSF, which will provide broadband service to the Rural Area.
"b. Alternatives proposed by the developer or subdivider would satisfy the intent and purposes
of section 4.2 to at least an equivalent degree;"
No alternatives have been proposed by the applicant. However, most of the disturbance
is for access, which is exempt under Section 4.2.6(c) of the Zoning Ordinance because it is
necessary to allow a use of the parcel. The remaining disturbance, to which the special
exception pertains, will occur at the base of the facility. Furthermore, the applicant has
proposed the site of this PWSF so that the facility is not sky lighted and has minimal visual
impacts. The placement of the facility at this location will provide a backdrop of trees and the
location will greatly limit the impact of disturbance.
"c. Due to the property's unusual size, topography, shape, location or other unusual
conditions, excluding the proprietary interest of the developer or subdivider, prohibiting the
disturbance of critical slopes would effectively prohibit or unreasonably restrict the use of the
property or would result in significant degradation of the property or adjacent properties; or"
The property is approximately 99% critical slopes, which severely limits its use. No
alternatives exist which would not impact the critical slopes. The disturbance at the base of the
facility will allow for reasonable use of the property with minimal impact and allow for the
siting/provision of service for the facility with no visual impacts.
"d. Granting the modification or waiver would serve a public purpose of greater import than
would be served by strict application of the regulations sought to be modified or waived."
Granting the waiver will provide additional wireless service in this area of the community
which can be seen as serving a public purpose of greater import.