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BOA minutes 061013
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BOA minutes 061013
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BOCC
Date
6/10/2013
Meeting Type
Regular Meeting
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Advisory Bd. Minutes
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BOA agenda 061013
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\Advisory Boards and Commissions - Active\Orange County Board of Adjustment\Agendas\2013
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Approved 7/8/2013 <br />OC Board of Adjustment – 6/10/2013 Page 82 of 92 <br />ordinance and CMS, who is the county’s consultant, has provided his recommendation report and 1 <br />stated that we have met all technical and specific requirements of the ordinance. 2 <br /> 3 <br />Larry Wright: I have a question on the visibility. I look at these locations and it seems like this is 4 <br />being erected in a small wooded are and what is the size of that area? How many acres? Location 4 5 <br />I am looking at and then I am looking for location 3, this is tab 7 so it seems like there is a canopy of 6 <br />trees that from some of these locations masks the tower, am I right? 7 <br /> 8 <br />Karen Kemerait: That is correct. 9 <br /> 10 <br />Larry Wright: Then I look at, for instance location 6, under tab 7, and there is a larger panel that is a 11 <br />picture and then the top panel shows the location of a tower in a wooded area on the upper right hand 12 <br />side. How large is that wooded area surrounding the tower? The proposed tower. 13 <br /> 14 <br />Karen Kemerait: The property owners are here and they may be able to speak. I will try to get that 15 <br />information to you, how large that area is. 16 <br /> 17 <br />Larry Wright: I would like to state that when a tower was located in back of my house I wanted to 18 <br />make sure they put the balloon test up and they have all these nice pictures where it masked it but 19 <br />what happens is they can log it in three days after we make our decision and so in part of the 20 <br />recommendation, I ask the Board if there could be some sort of agreement that they would maintain 21 <br />that and not log it in the way they presented it to the Board with a balloon test and the property owner 22 <br />agreed to do that with the attorney. 23 <br /> 24 <br />Karen Kemerait: That has not been discussed yet however, I can talk to the property owner and see 25 <br />if that is something that could be agreed to or not. Moving on to the general standards, I think it is 26 <br />important to point out that the visibility of the tower is not granted. Having the top of the tower is not 27 <br />grounds for denying a special use permit. 28 <br /> 29 <br />Larry Wright: No, but it could be grounds for… it is just like this board has asked a landowner or 30 <br />asked the applicant if they would put up buffers as a noise barrier against a kennel and they agree to 31 <br />do that. What I am saying is that this could be a condition. I can’t do it on my own and you can’t do it 32 <br />on your own but this could be a condition that this buffer would be maintained as presented to the 33 <br />Board. 34 <br /> 35 <br />Karen Kemerait: I don’t have the authority to agree to it as I am speaking to you and the property 36 <br />owners are here and that is why we ask them to come so if issues did arise that I could speak to them 37 <br />and see what their response would be. What I would suggest is that after I finish my presentation I 38 <br />could speak to the property owners and provide a response. For the general standards, we have also 39 <br />shown in the application materials that we have met all the general standards for special uses. We 40 <br />have shown the evidence is presented for all three of the general standards. First, we have shown 41 <br />that the telecommunications tower use will maintain or promote the public health, safety and general 42 <br />welfare. We have shown that the RF emissions will comply with all federal standards and laws. We 43 <br />have shown that the telecommunications tower will provide access to 911 services in times of 44 <br />emergencies. We have also, in my earlier presentation, talked about how the telecommunications 45 <br />tower will provide convenience to Orange County and the residents who live and travel in this area 46 <br />and to the public in general by having access to the wireless services and I have also talked about 47 <br />how this is very important for economic development purposes for the area surrounding the tower and 48 <br />Orange County as a whole. The application materials also provide information about how the use will 49 <br />maintain or enhance the value of contiguous property. There will be no environmental hazard from 50 <br />this tower and there will be no nuisance. The tower will generate little traffic. It is an unmanned 51 <br />facility and generate only two to four vehicle trips per month. There will be no odor, noise or glare 52 <br />and it will be an unlit tower. We also have the property impact analysis that has been provided by 53
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