HomeMy WebLinkAboutZ-6400 Staff AnalysisOctober 27, 1997
Item No.: 2
File No.
Owner:
Address:
Descriptiorx•
Zoned:
Variance Requested:
Justification:
Present Use of Fro ert :
Proposed Use of Property:
Staff Report -
A. Public Works Issues:
No issues.
B. Staff Analysis:
Z-6400
Demp and Paula Dempsey/
Dempsey Film Group
322 South State Street
Lots 7, 8, and 9, Block 142,
Original City
C-4
A variance is requested from the
location provisions of Section
36-156(a)(2)(e) to permit two
satellite dishes located between
the building and 4th Street.
The satellite dishes are necessary
to receive transmissions for work
the applicant does for fiber optic
clients. Due to the height of
surrounding buildings, this
location was chosen as best to
receive a clear signal.
Commercial film production company
Commercial film production company
The C-4 zoned property located at 322 S. State Street is
occupied by Dempsey Film Group. Approximately two years
ago, the company installed two satellite dishes to the south
of the building, between the building and West 4th Street.
Section 36-156(a)(2)(e) of the Code states:
Satellite receiving dishes in office and
commercial districts whether portable or
permanently sited shall not be located on any
lot between the principal structure and a
street right-of-way line unless such location
is approved by the board of zoning adjustment.
October 27, 1997
Item No.: 2 Cont.
After being notified of the violation, Dempsey Film Group
applied to the Board of Adjustment.
Staff believes there is reasonable justification to grant a
variance. The dishes are 3-4 feet in diameter and are
mounted on 20 foot tall poles. The dishes are tucked into
an alcove behind the old bell tower. This building formerly
housed a church and the design of the structure helps to
mitigate the visual impact of the satellite dishes. The
building has a tall pitched roof and a bell tower more than
twice the height of the dishes. The building was
constructed nearly from property line to property line,
leaving little area available for placement of the dishes
that will allow for proper reception. The location for the
dishes is limited as well by the presence of tall buildings
on nearby properties such as Dillard's, the Federal Building
and the Courts Building. The dishes have a setback of 25+
feet from the curb of W. 4th Street. In staff's opinion, the
satellite dishes are very unobtrusive and should have no
impact on adjacent properties.
C. Staff Recommendation:
Staff recommends approval of the requested variance.
BOARD OF ADJUSTMENT:
The applicant, Paula Dempsey, was
interested party present. Staff
recommendation of approval.
(OCTOBER 27, 1997)
present. There was one
presented the item and a
Ms. Dempsey presented a photograph showing the satellite dishes.
She explained that the dishes could not be located elsewhere on
the property and still receive the satellite signal. She noted
the presence of tall buildings in the area which would block
reception.
Ed Moody, of 801 W. 4th Street, addressed the Board. He stated
that the satellite dishes were unattractive and that he would
like to see them screened in some manner. He asked that the item
be deferred to allow him to meet with the applicant.
Ms. Dempsey stated that, although she would agree to a deferral,
there is not much that can be done to screen the dishes and still
allow for clear signal reception. She suggested that additional
shrubbery could be planted at the base of the satellite dish
supports.
There was a further discussion of the type of possible screening
material, including trees, shrubs and trellis -work.
Mr. Moody again stated his desire for a deferral.
P111
October 27, 1997
Item No.: 2 (Cont.
Chairman Alderfer asked Ms. Dempsey if she would be willing to
plant ornamental trees to serve as a screen. Ms. Dempsey replied
that she would and, noted that she had already planted several
Bradford Pear trees on the site.
Mr. Moody stated that he would like to see landscape plans.
Dana Carney, of the Planning Staff, suggested suspending
discussion of the item to allow Mr. Moody and Ms. Dempsey an
opportunity to discuss possible screening options. The Board
agreed and moved to the next item on the agenda. Mr. Moody and
Ms. Dempsey went into the hallway to discuss the issue.
After discussion of the item resumed, Ms. Dempsey stated that an
agreement had been reached in which she will plant 3-4 similar
shrubs (holly or some other type) in a semi -circular pattern
around the base of the satellite dish support poles. Mr. Moody
stated that he was satisfied with Ms. Dempsey's proposal.
A motion was made to approve the requested variance subject to
compliance with the following conditions:
1. A building permit is to be obtained for the satellite dishes
2. A total of 3-4 shrubs are to be planted around the base of
the satellite dish support poles to provide screening.
3. The variance is restricted to Dempsey Film group. Should
Dempsey Film group vacate the site, ,the satellite dishes must
be removed or the new tenant must file for a variance.
The motion was approved by a vote of 6 ayes, 1 noe, 0 absent and
2 open positions.
3