13 Variance request from Cingular Wireless

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CITY OF PARIS, TEXAS CITY COUNCil AGENDA REQUEST MEETING DATE: I . May 21,2007 . Action 0 Discussion o Information o Refer to: SUBMITTED BY: Lisa A. Wright, Director of Community Development DESCRIPTION: 1. Public Hearing to consider the petition of Cingular Wireless, c/o Crafton Communications, to grant a variance of Zoning Ordinance No. 1710, Section 28-104, to place a wireless communications facility (WCF) in an area designated by the City as a historically significant area or district. Specifically, the petitioner seeks a variance in order to attach a wireless array to an existing penthouse structure located on top of 104 Bonham Street, the First National Bank building, being Lots 7 and 8, City Block 8. 2. Consideration of and action on granting the above-described variance. BACKGROUND INFORMATION: Zoning Ordinance No. 1710, Section 28-104, prohibits the placement of wireless communication facilities in an historic district or area zoned anything other than Commercial, Light Industrial, or Heavy Industrial. Cingular Wireless, c/o Crafton Communications, desires to place an antenna array on the penthouse structure located atop 104 Bonham Street, the First National Bank Building. The building is located in an area that is zoned Central Area and is also in the Downtown Historic District; therefore, an array cannot be placed at this location without a variance. Not to be confused with a cellular tower, which is a support structure, an antenna array is hardware made up of rods, panels, discs, or similar devises that is attached to the top of the support structure and is used for transmission and/or reception of radio frequency signals. On May 9, 2007, the City of Paris Historic Preservation Commission heard a request from Cingular Wireless for the granting of a Certificate of Appropriateness for the placement of the array. Although there are currently two existing towers on top of the Bank building, Cingular has no plans to place arrays on either tower. Instead, Cingular proposes to install arrays on an existing penthouse structure located atop the 80 foot tall building. The array will be attached to the sides of the penthouse structure, will not extend beyond the roof of the structure, and will be painted the same color as the structure to camouflage it from view. Based on this information, the Commission found that the array as proposed was adequately masked; therefore, the Commission granted the COA. In order to a grant the variance, the City Council must find, by a 3/4 vote, that Cingular Wireless will be able to install the array in such a manner that it will be masked, camouflaged, or included in an existing structure which will effectively mask the appearance of the array. FISCAL AUTHORITY: BUDGETED: N/A Account #: GRANT: Account #: BOND / C 0 Account #: Other: See attached for recommended funding ]