17 - Variance Request for Setback and Placement of a New Wireless Communication Facility - 105 N.E. 19th Street - LCAD 17391- 105

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Item No. 17 TO: City Council FROM: Grayson Path, City Manager SUBJECT: 105 NE 19" STREET- LCAD 17391 VARIANCE REQUEST FOR SETBACK AND PLACEMENT OF A NEW WIRELESS COMMUNICATION FACILITY (WCF). DATE: November 4, 2020 BACKGROUND: Carl Dugan represents Branch Communications of Tulsa, OK. They are proposing to develop and construct a 180' wireless communication tower (a monopole) at 105 NE 191h Street. The Paris East location is owned by HN Partners. The applicant has represented that it has an arrangement with a low cost internet provider to locate on the monopole. City Ordinance Sec. 28. Regulation of Wireless Telecommunications Towers and Facilities, section 28.106(c) provides that no setbacks shall be required for towers located on properties zoned Commercial (C), Light Industrial (LI), and Heavy Industrial (HI) provided the actual location of such towers in said zoned areas is at least five hundred (500) feet from areas zoned SF -1, SF -2, SF -3, 2F, MF -1, MF -2, Agricultural (A) and Residential Planned Development (PD). The subject property is zoned Commercial and does not meet the setback requirements from residential zoning districts. Sec. 28-113 provides that the City Council may, after following notice and public hearing, grant a variance from the setback requirements of Sec. 28.106(c) "on an affirmative showing Jby the all :lid cant that a WCF [Wireless Communication Facility] proposed for construction will be constructed in a manner to be totally masked or camouflaged or to be included in an existing; structure which effectiyelm masks the appearance of theWC .,with the result that such masking or camouflage,_renders the I ro,,l osed WCFmi_ visible to public i invisible ._...,.. view, or so comlaatible in gppearance with surroundmg uses as to be transparent in its imlract on said surropp ftg_uses." The ordinance further places the burden on the applicant to submit an application "clearly showing that the requirements of masking, camouflaging... specified in herein have been satisfied." Hardship is not a matter for consideration under the variance regulations set forth in Sec. 28-113. STATUS OF ISSUE: Mr. Dugan has requested a 450' setback variance from SF -2, 2F, and MF-