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BOA.12D OF ZONING APPEAI,S CITY OF IoTORTH OLMSTED MEETIle1G MINUTES OF APRII. 03, 2008 ROLL CALL Chairwoman Diver called the meeting to order at 7:30 pm in Council Chambers. Present: Maureen Diver, Nancy Sergi, Laura Bellido Absent: Jennifer Rudolph, Robert Menser Staff: Assistant Law Director Bryan O'Malley, Building Commissioner David Conway, Clerk of Commissions Donna Rote Mrs. Diver advised all board members viewed each site and three votes were required for approval. Each case is judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. Applicants were aslced to address all seven area variance standards noted. REVIEW AND CORRECTION OF 1VIINUTES 1VIrs. Bellido moved, seconded by Mrs. Sergi, to approve the March 6, 2008 Board of Zoning Appeals minutes as written, which was approved 3-0. RESIDENTIAL APPEALS ANl) REQUESTS: NON-RESIDENTIAL APPEALS AND REQUESTS: COMS08-0003: T-Mobile; 29708 Lorain Road: (Ward 1) Case participants sworn in: Mr. Sindyla with T-Mobile Mr. Sindyla said the property could yield a reasonable return with or without the tower. City codes require a 300 foot distance from any residential property line. Although the majority of the parcels surrounding the site are split zoned Retail General Business and Residential the Residential areas of the abutting parcels can not be used residentially. Bradley Woods Parlc is zoned Residential although it is and will continue to be greenspace. The nearest residents live in Welcome House which is located on Retail General Business property. If the abutting properties were not split zoned they would not require a variance. The character of the neighborhood would not be altered and governmental services will not be used. The owner bought the land in the 60's and there wasn't a telecommunications overlay district. There is no way to install a tower along Lorain Road without a variance due to the split zoning. They believe the intent of the code would Ue served granting the variance. In accordance with federal law they are required to provide uninterrupted coverage 24/7 and currently the proposed area does not meet the requirement. The tower will be installed 170' tall with the ability to expand up to 190' to accommodate a total of 5 different carriers. Regardless if the tower is 170 or 190 there will be a 9' lighting rod atop the tower. The lease is for 30 years with 24/7 access and periodic maintenance runs once a month. The tower is 650 feet from the right of way and the site is an existing gravel area along the back of the property. The area will be fenced and will have no lights. Mrs. Jaclcson asked if the tower was hot and Mr. Sindyla assured the board that the tower was not electrically hot. Mrs. Diver read aloud Building Commissioner Conway's memo dated April 3, 2008 addressing T-Mobile which suggested the commissioner had no objections to the variance being requested