06-25-1992 Public Hearing and Regular Meeting ZBOA

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Page 2 of 3 Zoning Board of Adjustment Variance Request V92-004 As noted in the background section of this report, the antenna, or tower which is necessary for this facility must be approximately 150 feet in height. G.T.E. Mobilenet, the applicant, is requesting a variance to the 45 foot building height restriction in order to permit construction of their facility. Section 11-606, defines a variance as a "deviation from the literal provisions of the Zoning Ordinance granted... when strict conformity to the Zoning Ordinance would cause an unnecessary hardship...." This section empowers the Board of Adjustment to grant variance subject to the following conditions. I. That the granting of the variance will not be contrary to the public interest. II. That literal enforcement of the Ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape, topography or other extraordinary or exceptional physical situation unique to the specific piece of property in question. "Unnecessary hardship" shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice,and the hardship must not result from the applicant or property owner's own actions; and ill. That by granting the variance, the spirit of the Ordinance will be observed. In considering this request, it should be noted that Zoning Ordinance Section 10-402 allows height exceptions for similar types of structures; specifically, chimneys, utility towers (such as H.L& P. high line towers), flagpoles and monuments. These height exceptions are allowed so long as the structures are not located in an "airport height restriction zone". Staff has verified that the property in question is not located in such a zone.