Title:
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100 South Pressview Avenue - Request for a height variance from thirty-five (35) feet to fifty (50) feet for a utility pole in the R-1A (Single Family Residential) district; BV2024-082 (Brenda Pearce, Applicant) District 3 - Constantine (Kathy Hammel, Project Manager)
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Kathy Hammel
Contact/Phone Number:
Kathy Hammel (407)665-7389
Motion/Recommendation:
1. Deny the request for a height variance from thirty-five (35) feet to fifty (50) feet for a utility pole in the R-1A (Single Family Dwelling) district; or
2. Approve the request for a height variance from thirty-five (35) feet to fifty (50) feet for a utility pole in the R-1A (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The applicant is requesting to install a fifty (50) foot utility pole, which includes a forty (40) foot light pole with an additional ten (10) foot antenna, in order to automate the reading of the surrounding residential water meters.
• The installation of the poles will eliminate the need to go to each home to read the water meters.
• The automation of the meter reading will also allow faster leak detection and notification.
• This pole is just one of many poles in their service areas that are needed to upgrade their infrastructure.
• The poles are located on properties that have existing utility improvements such as lift stations and water treatment facilities that serve the surrounding residential area.
• The request is for a variance from the maximum height of thirty-five feet for structures in the residential zoning classifications.
Staff Findings:
The applicant has satisfied all six (6) criteria under Section 30.3.3.2(b) of the Seminole County Land Development Code (SCLDC) for granting a variance as listed below:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning classification; and
Staff finding: The water treatment facilities and infrastructure were planned at the same time the surrounding neighborhood was platted and constructed. They were constructed in order to serve the neighborhood therefore the improvements needed were embedded within the neighborhood.
Currently the water meters are read by an employee going to each residential property. The installation of the poles will allow the meters to read remotely, detect water leaks, and allow more accurate water bills.
These conditions and circumstances are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning classification. This circumstance is not applicable to other properties in the same zoning classification therefore would not confer on the applicant special privileges.
2. That the special conditions and circumstances do not result from the actions of the applicant; and
Staff finding: see the above finding
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 30 to other lands, buildings, or structures in the same zoning classification; and
Staff finding: see the above finding
4. That the literal interpretation of the provisions of Chapter 30 would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would work unnecessary and undue hardship on the applicant; and
Staff finding: See the above finding
5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; and
Staff finding: The poles meet all other Land Development Code setback requirements and is the minimum height in order to serve the surrounding residential service area.
6. That the grant of the variance will be in harmony with the general intent and purpose of Chapter 30, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Staff finding: The proposed utility poles are located on parcels where utility infrastructure already exists, such as lift stations and water treatment facilities. The proposed poles will be lower than the power poles in the neighborhood. A fifty (50) foot utility pole, which includes a forty (40) foot light pole with an additional ten (10) foot antenna, will be in harmony with the general intent and purpose of Chapter 30, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Staff Conclusion:
Based upon the foregoing findings, the requested variance is in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, with the following conditions of approval:
1. Any variance granted will apply only to the fifty (50) foot utility pole, which includes a forty (40) foot light pole with an additional ten (10) foot antenna, as depicted on the attached site plan; and
2. The utility pole will only be for the communication purposes of the water metering system.
3. Any additional condition(s) deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.