(8) Standards for Ancillary Facilities. All ancillary facilities shall comply with the <br />standards of subsections (7)(e) and (7)(f) of this section. In addition, all <br />ancillary facilities within an R-1, PL, C-1, GO, and PRO zone must be located <br />underground to the maximum extent technology allows, unless a variance is <br />obtained pursuant to the provisions of subsection (9) of this section. This <br />restriction does not apply within other zones. <br /> <br />This subsection of the code regulates the placement and impact of ancillary facilities associated <br />with telecommunication towers. This code section also references regulations that describe <br />landscape buffering, restrictions on noise emanating from the facility and that ancillary facilities <br />shall be located underground unless a variance is obtained. The applicant has proposed an <br />above ground structure to contain the ancillary facilities and since thesubject property is zoned <br />R-1 and the applicant is requesting a variance to the underground requirement pursuant to <br />subsection (9)(c) of this section. <br /> <br /> (9)Variance. <br />(a)Any variance to the requirements of this section shall be granted only <br />pursuant to the following provisions. The criteria for granting a <br />variance shall be limited to this section, and shall not include the <br />standard variance criteria beginning at EC 9.8750 Purpose of Variances. <br />(c) The city may grant a variance to the setback and undergrounding <br />requirements of subsections (7)(d) or (8) upon finding that stealth <br />design, proposed landscaping, configuration of the site, or the presence <br />of mature trees obviates the need for compliance. <br /> <br />The applicant is requesting a variance to the undergrounding requirement of EC 9.5750(8), <br />citing three reasons: the practical difficulties and safety issues related to undergrounding on <br />the site; the stealth design and landscaping of the enclosure; and the planned use of noise <br />baffling within the enclosure. Although staff respects the applicant’s concern for worker safety <br />in confined spaces with combustion engines, the code clearly does not list safety reasons as a <br />finding for approval of a variance. Noise mitigation is also not a listed finding, since noise <br />mitigation of ancillary facilities, in this case with a limit of 45dBa at receiving property lines, is a <br />requirement of EC 9.5750(8). <br />The applicant’s request for consideration of a variance is appropriate based on the stealth <br />design of the ancillary facility enclosure and the additional proposed landscaping. The ancillary <br />equipment is proposed to be housed in a fully enclosed storage room attached to the south <br />wall of the church. The enclosure is designed to match the existing church in both materials and <br />color and will visually appear to be a part of the church building. The walls, siding and roof will <br />match exactly the existing structure. The enclosure will appear and function as an extension of <br />the existing church and there will be no visual indication from off the property that ancillary <br />equipment is located inside the enclosure. A variety of plant species and foliage are proposed <br />around the enclosure to further mitigate any visual impacts. For these reasons, the ancillary <br />facility enclosure warrants consideration as a stealth design and the possible granting of a <br />variance. <br /> <br />HO Agenda - Page 34 <br />