Explanation
Council Variance Application: CV06-063
APPLICANT: New Par dba Verizon Wireless c/o Pike Legal Group PLLC; P.O. Box 369; Shepherdsville, KY 40165.
PROPOSED USE: Monopole telecommunication antenna.
NORTH EAST AREA COMMISSION RECOMMENDATION: Approval.
CITY DEPARTMENTS' RECOMMENDATION: Approval. The applicant requests a variance to allow a telecommunications antenna in the I, Institutional District on a 135 foot replacement monopole. The proposed tower would be 22 feet from the R-1, Residential District to the west where a 270 foot separation would normally be required. The site is within the Northeast Area Plan (2007) which calls single-family dwellings at this site. Deviation is supported as the site already contains an existing electric substation. Furthermore, Staff supports the application because the applicants propose to locate this structure within an existing electrical substation with existing tall poles rather than introducing a new tower in the middle of a neighborhood comprised of residences which may be negatively impacted.
Title
To grant a Variance from the provisions of Sections 3349.03, I, Institutional District Use and 3309.14, Height districts, of the Columbus City Codes for the property located at 2305 MCCUTCHEON ROAD (43219), to permit a monopole telecommunication antenna with a reduced setback in the I, Institutional District. (Council Variance #CV06-063).
Body
WHEREAS, by application #CV06-063, the owner of property at 2305 MCCUTCHEON ROAD (43219), is requesting a Variance to permit a monopole telecommunication antenna with a reduced setback in the I, Institutional District; and
WHEREAS, Section 3349.03, I, Institutional District Use, does not permit monopole telecommunication antennas to be located within said District, while the applicant proposes to locate a monopole telecommunication antenna within an electric substation; and
WHEREAS, Section 3309.14, Height districts, requires that within a thirty-five (35) foot height district, no building or structure shall be erected to a height in excess of thirty-five (35) feet, while the applicant proposes a telecommunication antenna with an approximate height of one hundred thirty-five (135) feet as shown on the site plan; and
WHEREAS, The North East Area Commission recommends approval; and
WHEREAS, City Departments recommend approval because the applicants are locating this antenna within an existing electrical substation which already has existing tall poles rather than introducing a new tower in the middle of a neighborhood comprised of residences which would have a negative impact; and
WHEREAS, said ordinance requires separate submission for all applicable permits for the proposed use; and
WHEREAS, said variance will not adversely affect the surrounding property or surrounding neighborhood; and
WHEREAS, the granting of said variance will not impair an adequate supply of light and air to adjacent properties or unreasonably increase the congestion of public roads, or unreasonably diminish or impair established property values within the surrounding area, or otherwise impair the public health, safety, comfort, morals, or welfare of the inhabitants of the City of Columbus; and
WHEREAS, the granting of said variance will alleviate the difficulties encountered by the owners of the property located at 2305 MCCUTCHEON ROAD (43219), in using said property as desired and; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That a variance from the provisions of Section 3349.03, I, Institutional District Use, of the Columbus City Codes for the property located at 2305 MCCUTCHEON ROAD (43219), insofar as said sections prohibit a Monopole Telecommunications Antennas and with a height exceeding 35 feet, said property being more particularly described as follows:
2305 MCCUTCHEON ROAD (43219), being 0.05± acres located on the south side of McCutcheon Road, 233± feet west of McCutcheon Crossing Drive, and being more particularly described as follows:
For the purpose of this description, a bearing of South 03'10"49" West was used on the westerly line of that that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, on file in the Office of the Recorder Franklin County, Ohio. Said bearing being determined by GPS observations and values as provides by the Government of the United States of America, through the Department of National Geodetic Survey.
NOTES PERTAINING TO SCHEDULE "B" SECTION 2
"LAWYERS TITLE INSURANCE CORPORATION"
COMMITMENT No: 10837446
EFFECTIVE DATE: FEBRUARY 23, 2006 AT 8:00 A.M.
ITEM #1-#5 Are General Statements and Not Specific Encumbrances.
ITEMS #6-#7 Tax Information.
ITEM #8 Easement in favor of Robert Agler and Betty A. Agler and Leland O. Agler and Vera H. Agler and Columbus and Southern Ohio Electric Company, its successors, assigns, lessees and licensees set forth in instrument recorded on 12/29/1954 in Book 1855, Page 299. Said Easement does not affect the Subject Lease Area, and does affect the Subject Ingress/Egress and Utility Easement, and does affect the Subject Utility Easement. Said Easement is located entirely within the Right of Way of McCutcheon Road which is plotted hereon.
ITEM #9 Easement by and between Leland O. Agler and Vera H. Agler, his wife and Columbus and Southern Ohio Electric Company, its successors, assigns, lessees and licensees set forth in instrument recorded on 12/28/1956 in Book 2007, Page 54. Said Easement does not affect the Subject Lease Area, and does not affect the Subject Ingress/Egress and Utility Easement, and does not affect the Subject Utility Easement. Said Easement is not plotted hereon.
ITEM #10 Roadside Right of Way by and between Grace M. Agler, Paul J. Kuhms, Norma C. Kuhms, Andrew Penny, Ruth Penny, Leland C. Agler, Carey E. Cherry, Marie S. Cherry, James D. Agler, Sophie Agler, Ralph J. Agler, Lucille Z. Agler, and Vera Agler and The Ohio Fuel Gas Company set forth in instrument recorded on 1/4/1958 in Instrument No. 1383. Said Right of Way does not affect the Subject Lease Area, and does affect the Subject Ingress/Egress and Utility Easement, and does affect the Subject Utility Easement. Said Right of Way is located entirely within the Right of Way of McCutcheon Road which is plotted hereon.
ITEM #11 Easement by and between Vera Agler, John W. Greager and Elly M. Greager and Columbus and Southern Ohio Electric Company set forth in instrument recorded on 9/25/1958 in Instrument No. 17068. Said Easement does not affect the Subject Lease Area, and does not affect the Subject Ingress/Egress and Utility Easement, and does not affect the Subject Utility Easement. Said Easement is not plotted hereon.
DESCRIPTION OF 0.045 ACRE LEASE AREA
This is a description for New Par, dba Verizon Wireless, of a 0.045 acre Lease Area, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, all references to records being on file in the Office of the Recorder, Franklin County, Ohio.
Situate in Quarter Township 2, Township 1 North, Range 17 West, United States Military Lands, Township of Mifflin, County of Franklin, State of Ohio, and being a 0.045 acre Lease Area, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, said 0.045 acre Lease Area being more particularly described as follows:
The Point of Reference being a solid iron bar found at the northwesterly corner of said 5.637 acre tract, and being in the centerline of McCutcheon Road; Thence South 03West, along the westerly line of said 5.637 acre tract, a distance of 268.32 feet to a point; Thence South 86 East, into said 5.637 acre tract, a distance of 14.47 feet to an iron pin set and being the True Place of Beginning of the herein described 0.045 acre Lease Area;
Thence South 86°49'28" East, a distance of 65.00 feet to a point;
Thence South 03°10'32" West, a distance of 30.00 feet to a point;
Thence North 86°49'28" West, a distance of 65.00 feet to a point;
Thence North 03°10'32" East, a distance of 30.00 feet to the True Place of Beginning and containing 0.045 acre (1950 square feet).
DESCRIPTION OF 0.350 ACRE INGRESS/EGRESS AND UTILITY EASEMENT
This is a description for New Par, dba Verizon Wireless, of a 0.350 acre Ingress/Egress and Utility Easement, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, all references to records being on file in the Office of the Recorder, Franklin County, Ohio.
Situate in Quarter Township 2, Township 1 North, Range 17 West, United States Military Lands, Township of Mifflin, County of Franklin, State of Ohio, and being a 0.350 acre Ingress/Egress and Utility Easement, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, said 0.350 acre Ingress/Egress and Utility Easement, being more particularly described as follows:
The Point of Reference being a solid iron bar found at the northwesterly corner of said 5.637 acre tract, and being in the centerline of McCutcheon Road; Thence South 86West, along the northerly line of said 5.637 acre tract, being the centerline of McCutcheon Road, a distance of 67.26 feet to the True Place of Beginning of the herein described 0.350 acre Ingress/Egress and Utility Easement;
Thence South 86°01'16" East, along the northerly line of said 5.637 acre tract, being the centerline of McCutcheon Road, a distance of 65.79 feet to a point;
Thence South 00°57'40" East, into said 5.637 acre tract, a distance of 83.04 feet to a point of non tangent curvature;
Thence 39.74 feet along the arc of a curve to the left, having a radius of 140.00 feet, a central angle of 16°15'57", the chord of which bears South 37°12'31" East, a chord distance of 39.61 feet to a point of tangency;
Thence South 45°20'29" East, a distance of 63.08 feet to a point of curvature;
Thence 135.48 feet along the arc of a curve to the right, having a radius of 160.00 feet, a central angle of 48°31'01", the chord of which bears South 21°04'59" East, a chord distance of 131.47 feet to a point of tangency;
Thence South 03°10'32" West, a distance of 37.81 feet to a point;
Thence North 86°49'28" West, a distance of 258.13 feet to a point;
Thence North 03°02'46" East, a distance of 16.00 feet to a point;
Thence South 86°49'28" East, and passing along the southerly line of a 0.350 acre Lease Area, a distance of 218.17 feet to a point of curvature;
Thence 23.56 feet along the arc of a curve to the left, having a radius of 15.00 feet, a central angle of 90°00'00", the chord of which bears North 48°10'32" East, a chord distance of 21.21 feet to a point of tangency;
Thence North 03°10'32" East , a distance of 6.81 feet to a point of curvature;
Thence 114.32 feet along the arc of a curve to the left, having a radius of 135.00 feet, a central angle of 48°31'09", the chord of which bears North 21°04'55" West, a chord distance of 110.94 feet to a point of tangency;
Thence North 45°20'29" West, a distance of 63.08 feet to a point of curvature;
Thence 39.02 feet along the arc of a curve to the right, having a radius of 165.00 feet, a central angle of 13°33'04", the chord of which bears North 38°33'57" West, a chord distance of 38.93 feet to a point of tangency;
Thence North 31°47'25" West, a distance of 95.90 feet to a point on the southerly right of way line of said McCutcheon Road;
Thence North 03°10'49" East, a distance of 25.00 feet to the True Place of Beginning and containing 0.350 acre (15,233 square feet).
DESCRIPTION OF 0.061 ACRE UTILITY EASEMENT FOR NEW PAR, DBA VERIZON WIRELESS FROM LANDS OWNED BY COLUMBUS AND SOUTHERN OHIO ELECTRIC COMPANY FRANKLIN COUNTY, OHIO
This is a description for New Par, dba Verizon Wireless, of a 0.061 acre Utility Easement, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, all references to records being on file in the Office of the Recorder, Franklin County, Ohio.
Situate in Quarter Township 2, Township 1 North, Range 17 West, United States Military Lands, Township of Mifflin, County of Franklin, State of Ohio, and being a 0.061 acre Utility Easement, all out of that 5.637 acre tract of land, owned by Columbus and Southern Ohio Electric Company, of record in Deed Book 3403, Page 254, said 0.061 acre Utility Easement, being more particularly described as follows:
The Point of Reference being a solid iron bar found at the northwesterly corner of said 5.637 acre tract, and being in the centerline of McCutcheon Road; Thence South 86West, along the northerly line of said 5.637 acre tract, being the centerline of McCutcheon Road, a distance of 57.26 feet to the True Place of Beginning of the herein described 0.061 acre Utility Easement;
Thence South 86°01'16" East, along the northerly line of said 5.637 acre tract, being the centerline of McCutcheon Road, a distance of 10.00 feet to a point;
Thence South 03°10'49" West, into said 5.637 acre tract, a distance of 267.37 feet to a point in the northerly line of a 0.350 acre Lease Area;
Thence North 86°49'28" West, along the northerly line of said Lease Area, a distance of 10.00 feet to a point;
Thence North 03°10'49" East, a distance of 267.51 feet to the True Place of Beginning and containing 0.061 acre (2,674 square feet).
SECTION 2. That this ordinance is conditioned on and shall remain in effect only for so long as said property is used for a Monopole telecommunication antenna, or those uses permitted in the I, Institutional District.
SECTION 3. That this ordinance is further conditioned on a commitment by the owner to maintain the existing building footprints in conformance with the plans titled "SITE # CLMB 192 INNES PARK / AEP; COLUMBUS OHIO 43219, sheets Z-1 and Z-2", all signed by Michael E. Jones, architect for the Applicant. The Subject Site shall be developed in accordance with the site plans and exhibits. The site plan may be slightly adjusted to reflect engineering, topographical or other site data developed at the time of development and engineering plans are completed. Any slight adjustment to the plans shall be reviewed and may be approved by the Director of the Department of Development or his designee upon submission of the appropriate data regarding the proposed adjustment.
SECTION 4. That this ordinance is further conditioned on compliance with Sections 3389.14B. 3, 4 and 7 of the Columbus City Codes.
SECTION 5. That this ordinance is further conditioned upon the applicant obtaining all applicable permits and a Certificate of Occupancy for the proposed use.
SECTION 6. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.