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DRAFT OC Board of Adjustment – 11/9/15 Page 154 of 156 James Bryan: So it’s an implication that they’ve… If you’ve heard anything contrary to that you 1 could still find an opposing end to that. Also, remember that this standard is more than just in 2 harmony. It’s also and the use is in compliance with the plan for the physical development of the 3 County as embodied in these regulations or the comprehensive plan or portion thereof. 4 5 Samantha Cabe: So essentially, the fact that the County Commissioners have allowed this to be 6 an approved use that’s the Prima facie case that it’s in harmony but we could find that something 7 makes this out of harmony? 8 9 James Bryan: Oh definitely, yeah. The one inclusion is that you can’t say no matter what you 10 showed me you wouldn’t be in harmony. That you can’t do. But if you had opposing evidence that 11 was substantial, competent material you could definitely that this is not in harmony or not with the 12 comprehensive plan. 13 14 Samantha Cabe: And the opponents position, with regard to finding that the Applicant has not met 15 this burden, is the testimony of Owen Gwen and Even Gwen, Dove Field property maps, photos 16 regarding visibility of the tower, and petitions in opposition to the new tower. Also, Dove Field 17 master plan map and testimony of Erin Gwen with regard to the tower. TowerCom contends the 18 supporting evidence for voting yes is the application package inclusive or but not limited to the 19 Narrative of tab 1, the impact analysis of tab 32 and 35 G, the site plan of tab 8, tabs 13, 33, and 20 35B, the balloon test results, which is abstract attachment 5, the location and character of the 21 proposed wireless telecommunication facility if developed according to the plan submitted will be 22 in harmony with the area in which it is to be located. Subject property and majority of surrounding 23 properties in the area are all zoned rural buffer or existing commercial. Five new free standing 24 telecommunication towers over 75-feet high and under 200-feet in high are permitted in the rural 25 buffer and EC5 districts as a Class B Special Use. It goes on to say the proposed tower will be 26 under the 200-feet limitation in height and will be a monopole type design without lattice or guide 27 wires and will be made of galvanized steel to blend with the changing color of the sky. The tower 28 will not lit or marked. The proposed tower will be located toward the rear of the large, over 18-29 acre, property set back over 1,000-feet from the adjacent Mount Carmel Church Road public right 30 of way. The subject property upon which the tower will be located is currently densely wooded. As 31 much as the existing vegetation as possible will be maintained around the access road and tower. 32 They go on to talk about the landscape buffer and that the facility will be unmanned and will not be 33 an employment center requiring only periodic maintenance on a monthly basis on average. 34 Therefore, traffic in the area should not be impacted. The subject property is in a largely rural area 35 with surrounding properties that are also densely wooded and not densely populated, and 36 separated from large, residential developments. They contend that they are in compliance with the 37 Comprehensive Plan pursuant to their Narrative in tab 1. And propose the finding, that based on 38 the above findings, Applicant’s Narrative and Staff’s report, the location and nature of the use if 39 developed according to the plan submitted will be in harmony with the area in which it is to be 40 located. And the use in compliance with the plan for the physical development of the County as 41 embodied by these regulations and Comprehensive Plan… I think this Board is in a position of, 42 essentially, we can’t say that. The County Commissioners have determined that the erection of 43 this type of tower is a permitted use with a Special B Use Permit in a rural buffer zone. And 44 showing other than it’s not in harmony regardless of what they do we have to find that it is in 45 harmony. And I think probably every neighbor in here would say there’s nothing you could do to 46 make it in harmony. Because nobody wants it in their yard. But I don’t know. We’re not permitted 47 to make that finding. We have to be specific about why it’s not in harmony. Because the County’s 48 determined this is appropriate use in a rural buffer zoned area. 49 50 156