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HomeMy WebLinkAboutBZA 3237 - 815 S. Aurora St - AT&T Decision CITY OF ITHACA BOARD of ZONING APPEALS Area Variance Findings & Decision Appeal No.: 3249 Applicant: AT&T Mobility and Centerline Communications LLC Owner: American Tower Corporation Property Location: 815 S. Aurora Street Zoning District: R-3b Applicable Section of City Zoning Code: Section 325-29.8 (B)(1) and Section 325-29.8(C)(1). Requirement for Which Variance is Requested: Siting Standards for Personal Wireless Service Facilities; Design Standards for Personal Wireless Service Facilities. Publication Dates: March 30, 2023 and April 4, 2023. Meeting Held On: April 4, 2023. Summary: Appeal of Centerline Communications LLC and AT&T Mobility on behalf of property owner American Tower Corporation and 815-817 N. Aurora Street LLC, for an area variance from Section 325- 29.8B(1)(h), Siting Standards for Personal Wireless Service Facilities, and Section 325-29.8C(1), Design Standards for Personal Wireless Service Facilities, of the City of Ithaca Zoning Ordinance. The applicant proposes to replace nine existing antennas and install additional equipment to the company’s existing personal wireless service facility (PWSF) located on the existing tower located on the property at 815 S. Aurora Street. The proposal is considered a modification of the existing PWSF. The City recently amended Article VA, Telecommunications Facilities and Services, of the Zoning Ordinance, and the amendment requires all PWSF to be located at least 250’ from adjacent residences. The existing PWSF at this property is approximately 185’ from the nearest residential building. This is an existing deficiency that will not be exacerbated by this proposal. 815 S. Aurora Street is located in the R-3b district in which the proposed PWSF is permitted. However, Section 325-29.28 requires that an area variance be granted before a building permit is issued. Public Hearing Held On: April 4, 2023. Members present: Andre Gardiner Joseph Kirby Donna Fleming David Barken, Chair CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Zoning Megan Wilson, Secretary to the Board of Zoning Appeals Telephone: 607-274-6550 Fax: 607-274-6558 E-Mail: mwilson@cityofithaca.org There were no comments in support of or in opposition to the requested variance. Tompkins County Review per Section 239 -l & -m of New York State General Municipal Law: Not applicable. Environmental Review: This is a Type 2 Action under the City of Ithaca Environmental Quality Review Ordinance and the State Environmental Quality Review Act and is not subject to Environmental Review. Planning & Development Board Recommendation: The Planning Board has no comments for this appeal. Ithaca Landmarks Preservation Commission Recommendation: Not applicable Motion: A motion to grant variance #3249 for 815 S. Aurora St. was made by A. Gardiner. Deliberations & Findings: The Board acknowledged that this is an existing installation that involves the replacement of existing equipment. The modification will not exacerbate the existing setback deficiencies. Factors Considered: 1. Whether an undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties: Yes No The proposed installation is a modification of an existing personal wireless service facility (PWSF) that has been located on a telecommunications tower that was built in 1980. The new installation will replace existing equipment and add similar equipment, and there is no evidence that this change will produce an undesirable change to neighborhood character or have a negative impact on nearby properties. 2. Whether the benefit sought by the applicant can be achieved by a feasible alternative to the variance: Yes No The locations of personal wireless service facilities are determined by service coverage requirements. While there is a limited radius where the PWSF can be located, it is preferred, as stated in the Zoning Ordinance, to co-locate equipment on existing sites whenever possible to limit any visual impacts. Furthermore, any alternate location within the limited radius of this property will also be deficient in the resident setback requirements of the zoning ordinance. 3. Whether the requested variance is substantial: Yes No The proposed installation will be located 190’ from the nearest residential structure, and a residential setback of 250’ is required by the Zoning Ordinance. While this is a deficiency of 34% of the re quired setback, this is a deficiency caused by the location of the existing PWSF site on which the new antenna array will be co-located and will not be exacerbated by the proposal. The proposed installation will be collocated with other PWSF provided by other carriers. A setback of 1500’ from all other PWSF is required by the Zoning Ordinance. While this is a deficiency of 100% of the new setback requirement, this is a deficiency caused by the existing locations of other PWSF and will not be exacerbated by the proposal. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood: Yes No The new PWSF equipment will be part of an existing installation on the property. There is no evidence to indicate that this modification will have an adverse impact on any physical or environmental conditions. 5. Whether the alleged difficulty was self-created: Yes No The applicant is proposing to install the new equipment at an existing PWSF location to mitigate visual clutter, as requested by the City. Both setback deficiencies are existing deficiencies that predate the City’s adoption of the setback requirements. Second Motion to Grant Variance: Made by J. Kirby Vote: 4-0-0 Andre Gardiner YES Donna Fleming YES Joseph Kirby YES David Barken, Chair YES Determination of the BZA Based on the Above Factors: The BZA, taking into the five factors for an area variance, finds that the benefit to the applicants outweighs the detriment to the neighborhood or community. The BZA further finds that the variances from the Zoning Ordinance, §325-29.8 (B)(1) and §325-29.8(C)(1) are the minimum variances that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. ___________________________ April 4, 2023 Megan Wilson, Zoning Administrator Date Secretary, Board of Zoning Appeals