Public hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2018-0154.  A request by Sun State Tower, on behalf of the City of San Luis, owner, for a variance to reduce the required setbacks on property located at 821 N. Garcia Lane, San Luis, Arizona. (Jose A. Guzman, Director of Planning and Zoning)

A. Open public hearing B. Close public hearing
C. Action on Variance Case No. 2018-0154

Sun State Towers has requested permission to locate a telecommunications pole to mount antennas and a small structure to house telecommunications equipment at the retention basin located at 821 N. Garcia Lane. They will operate this site for expanding wireless coverage to the area for Verizon Wireless Services both voice and data. The proposed wireless communications facility will consist of an 80-foot mono-elm. The mono-elm will have four (4) Verizon Wireless antennas per sector, and there will be three (3) sectors. The equipment cabinets will be state-approved pre-fabricated equipment cabinets on a concrete slab. The equipment area and the mono-elm will be enclosed with an 8-inch high Concrete Masonry Unit wall for security purposes.

The subject property and all adjacent properties are zoned Medium-High Density Residential. To the north, west and south are all single-family homes. Adjacent to the east is Chicanos Por La Causa Preschool.

The required setback for any structure in the R-2 district is 10 feet street side and 10 feet rear side. However, provided in Section 152.318(C) of the City Code, “towers shall be set back a distance equal to at least one hundred percent (100%) of the height of the tower from any adjoining lot line.” The tower should provide a “fall zone” of its height, in other words, if the tower fails, it would fall entirely on the property on which is located. The proposed tower is 80-feet and the setbacks as proposed are 212-feet to the north, 20-feet to the south, 20-feet to the east and 260-feet to the west; therefore this variance request must be approved prior to construction of the mono-elm for the south and east side setbacks. 

TELECOMMUNICATIONS ACT OF 1996: 
This federal legislation established certain standards for local review of various types of antennas and other communication devices. Local governments may consider standards such as height, appearance, screening, stealth design, planting, and public safety issues (other than radiation). The local government may not discriminate between service providers, prohibit wireless services or have the effect of prohibiting wireless services, regulate on the basis of electromagnetic radiation if the facility complies with FCC standards, make land use decisions without substantial evidence and a written record of the proceedings, or unreasonably delay decision making on proposed applications.
 

1. City of San Luis Fire Department (5-07-18)
2. City of Yuma Development Services (5-07-18)

 

1. There exist special circumstances or conditions regarding the land or building referred to in the application, which do not apply to other properties in the zoning district.
2. The above special circumstances or conditions are preexisting and are not created or self-imposed by the owner or applicant.
3. The variance is necessary for the preservation of substantial property rights.  Without a variance the property cannot be used for purposes otherwise allowed in this zoning district.
4. The authorizing of the variance will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, or to the neighborhood or the public welfare.

1. Make any changes in the uses permitted in any zoning classification or zoning district.
2. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.

The applicant has provided the information and materials necessary for review of the variance request. Staff recommends approval of Variance Case No. 2018-0154.