HomeMy WebLinkAboutZ-7320 Staff AnalysisJanuary 27, 2003
ITEM NO.: E
File No.:
Owner:
Address:
Description:
Zoned:
Variance Requested:
Justification:
Present Use of Property:
Proposed Use of Property:
STAFF REPORT
A. Public Works Issues:
Z-7320
Dr. Richard A. Dennis
7 Southmont Circle
Lot 15, Richmond Addition
R-2
A variance is requested from the area
provisions of Section 36-156 to allow a
satellite dish with a reduced front yard
setback.
The applicant's justification is presented in
an attached letter.
Single family residential
Single family residential
1. Public Works does not support the mounting of private equipment in
the public right-of-way or on public utility poles.
B. Staff Analysis:
The R-2 zoned property at 7 Southmont Circle is occupied by a one-story
brick and frame single family residence. There is a one -car driveway from
Southmont Circle which serves as access. The property owner recently
attached an eighteen -inch satellite dish to the utility pole in the right-of-
way, near the southwest corner of the property. The City's Zoning
Ordinance classifies a satellite dish as an accessory structure, with
minimum required setbacks.
Section 36-156(a)(2)c. of the Zoning Ordinance requires a minimum front
yard setback of 60 feet for accessory structures. The satellite dish is
located on a utility pole approximately 10 feet into the right-of-way of
Southmont Circle. Therefore, the applicant is requesting a variance from
January 27, 2003
Item No.: E
this ordinance standard. The applicant notes in the attached letter that
there is no alternate location for the satellite dish, given the large trees
within other portions of the property which would obstruct the dish's
receiving ability.
Staff does not support the variance request. As noted in paragraph A. of
this report, Public Works does not support the placement of private
equipment in the public right-of-way on public utility poles. This type of
use of the public right-of-way, is not a policy that staff wishes to establish
in any form.
C. Staff Recommendation:
Staff recommends denial of the setback variance as associated with the
satellite dish.
BOARD OF ADJUSTMENT:
(NOVEMBER 25, 2002)
Staff informed the Board that the applicant requested that this application be
deferred to the December 23, 2002 agenda. Staff supported the deferral
request:
The item was placed on the Consent Agenda and deferred to the December 23,
2002 agenda by a vote of 4 ayes, 0 nays and 1 absent.
BOARD OF ADJUSTMENT:
(DECEMBER 23, 2002)
Staff informed the Board that the applicant requested that this application be
deferred to the January 27, 2003 agenda. Staff supported the deferral request.
The item was placed on the Consent Agenda and deferred to the January 27,
2003 agenda by a vote of 5 ayes and 0 nays.
BOARD OF ADJUSTMENT:
(JANUARY 27, 2003)
Richard A. Dennis was present, representing the application. There were no
objectors present. Staff presented the item with a recommendation of denial.
Richard A. Dennis addressed the Board in support of the application. He
requested to amend the application to place his own pole in the right-of-way next
to the utility pole and place the satellite dish on that pole. Stephen Giles, City
Attorney, noted that a franchise would have to be granted by Public Works.
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January 27, 2003
E (Cont.
Andrew Francis noted that the Board of Directors was working on an ordinance
to prohibit private encroachments into public rights-of-way.
Andrew Francis asked if the dish could be moved back and placed on the private
property. Mr. Dennis noted that it could not and explained. Staff noted that the
satellite dish would only have to be moved back approximately 10 feet to place it
on the private property. Mr. Dennis noted that it could not be moved back that
for and maintain reception.
There was additional discussion related to the location of the satellite dish and its
installation. Mr. Dennis noted that he installed the dish.
Chairman Ruck asked if tree limbs could be cut to improve the reception. Mr.
Dennis noted that the tree which would interfere with the dish's reception was on
the adjacent property and not his.
Vice -Chairman Gray stated that he would like a professional to look at the
satellite placement. Andrew Francis suggested deferring the application so that
Mr. Dennis could explore moving the dish out of the right-of-way and onto his
property. Mr. Dennis noted that he did not want the application deferred. There
was additional discussion related to moving the satellite dish out of the right-of-
way.
There was a motion to approve the application, as filed. The motion failed by a
vote of 0 ayes, 4 nays and 1 absent. The application was denied.
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