Public Hearing followed by discussion and possible action on any and all matters regarding Variance Case No. 2015-0130, a request by Michelle Lamoureux on behalf of Verizon Wireless Communications.  The property is owned by Javier DeSantiago.  The request for a variance is to reduce the setbacks from the property lines on property located at 1063 E. Main Street, San Luis AZ.  (John Starkey)

A.  Open public hearing
B.  Close public hearing
C.  Action on Variance Case No. 2015-0130

The property in question is located at 1063 Main Street and zoned as Community Commercial (C-2). It was previously used for used auto sales (Autos DeSantiago) and is located on Main Street (Highway 95) which provides the primary means of south-north traffic within San Luis.
 
The required setback for any structure in the Community Commercial(C-2) is 5ft side and 10ft rear. However, provided in Section 19.3-C, “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 shall fail, it would fall entirely on the property on which is located.
 
The placement of the 100-foot telecommunication tower was considered by the Planning and Zoning Commission for a conditional use permit on June 9th.  Other than the applicant, there were no other speakers at the Public Hearing.
 
Commission voted to recommend approval of the conditional use permit to the City Council and it will be presented the same date as this variance request.

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.
 
AGENCY REVIEW: 

As part of the review process, all land use cases are reviewed by various City and outside agencies. 
 
As required by State Statue, staff sent notification letters to property owners within 300 feet of the proposed project (25 letters). The City has not received any significant concerns or objections from the various review agencies or adjacent property owners.

CRITERIA FOR APPROVAL: 

All requests for a Variance from the City of San Luis Zoning Ordinance must meet the criteria for a Variance as set forth in the City of San Luis Zoning Ordinance.  A variance is not a right.  It may be granted to an applicant only if the applicant establishes compliance with all of the hardship criteria established in A.R.S. §9-462.06 and in Sec 3.5 (C.) of this Ordinance.   In all cases, the application shall address all of the following hardship criteria:
 

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.

 
The Arizona Revised Statues (§9-462.069-462.06.  Board of adjustment) further state that the Board may not:
 

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.

 ANALYSIS: 

The staff has reviewed this request and has determined that the request substantially meets the criteria for granting a Variance from the Zoning Ordinance.  
 

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.

   
City Staff recommends the Board of Adjustment to APPROVE the Variance to reduce the setbacks for a telecommunication tower on property located at 1063 Main Street, San Luis AZ.

A.  I MOVE TO OPEN PUBLIC HEARING
B.  I MOVE TO CLOSE PUBLIC HEARING
C.  I MOVE TO CONTINUE THIS ITEM TO THE NEXT SCHEDULED COUNCIL MEETING