Dec 19, 2022 Zoning Board of Adjustment on 2022-12-19 5:30 PM (AMENDED on 12-16-2022)

All right, well, why don't we go ahead and get started. We do have a forum. So I'll go ahead and start the meeting Determining that there is a forum and possibly 531 I'll call the zoning board of adjustments December 19 2022 meeting to order Again, it's 531 the first order of business if you're able I'll please stand The United States of America and to the Republic for which it stands one nation under God visible with liberty and justice for all Thank you everyone as you probably can see we do not have our chair or vice chair So the first or second item on our agenda is to consider an appointment of a member of the zoning board of adjustment as acting chair for this meeting, so I will entertain a nomination or a volunteer to Be an acting chair for this evening And as a word from your resident parliamentary and we'll make it as easy as we can for whoever wants to do it And it won't be too hard Right Do we have yes, do we have a motion second a motion? Okay Ocean by Kate and Warren and Please raise your hand if you are in favor Nope, okay, so I'm gonna pass this script to you Michael. Thank you All right I do too. I don't know to be on our agenda is to consider approval of the zoning board of adjustments 2022 Did anybody have any comments or questions on the minutes they come out of those So Lauren motion Connor second We had the belt zone favor of the excepting the men All right, so motion carries Okay item number 2c on our agenda is to consider a zoning variance plus by Martin on behalf of the property from the 2019 City of Denton Development Code section 2.58 C 3 Regarding the permanent height of a structure within the horizontal zone of the airport height hazard district. The variance request is to permit a monopole Communication tower of no more than 150 feet in height Within the horizontal zone by no more than 61 feet on a 4.37 acre lot generally located south of Barcelona Street Approximately 300 feet west of the intersection of Barcelona Street and Mesa Drive in the city of Denton, Denton County, Texas Beach we to - oh eight speed of light Sean Jacobson Real quick for before we start we do have to administer the oath for this item. So if you're going to be speaking or going to be answering any questions if you can and there's there's a script there for you Okay, if you are appearing before the board as it provided under chapter 602 0025 of Texas Governmental Code code all testimony of swore. Could you please identify yourself for the record? Martin based Martin architects and John Hall property owner and So, please raise your right hand to be sworn Under perjury under penalty important perjury Do you swear to affirm that any testimony or information you provide or any statement you make before this board is complete? True and correct to the best of your knowledge ability. If so, please answer I do Thank you My name is Sean Davidson associate planner you presented the 22 - oh As the chair after described this is a variance request for a broadband communications tower The location is south of Barcelona Street 535 zoning there is mixed use regional Broadband towers over 85 feet are permitted in the mixed use regional zoning district with a specific use permit City Council has already approved a specific use permit for a tower of this height So they've considered all the land use considerations and have determined that they can approve that However, the site is also located in the airport height hazard district horizontal zone Which limits structure height to 810 feet above mean sea level and less of variance is approved So the variance would permit the tower to exceed the airport height hazard district horizontal zone limit by no more than 61 feet The variance can be approved if there is a letter the applicant has from the FAA Stating that the tower will not negatively impact air navigation activities and will provide will not Disrupt safe efficient use of the navigable airspace. The applicant does have that letter the FAA has reviewed their plans and determined that it presents no hazard to Air navigation so staff does recommend approval normally, you would know that you would have a number of Approval criteria that you have to consider which could include is this self-inflicted? What is the reasoning in this case? There is actually for this type of variance only one approval criteria So it makes it a much more ministerial Decision the criteria is do you have the letter from the FAA and the answer is yes. So here's our criteria They do provide the necessary letter And so staff is recommending approval the variance given that the approval criteria has been met by the applicant So with that that is my presentation. I have to answer any questions you may have Questions or comments from Seems like a fairly straightforward sort of review and they have the FAA letter. That's good Any other discussion or comments or questions anybody we have the applicants here so we can ask them questions Just in the back up material it said on December 6th City Council said it has been approved with conditions with the condition In order to get the FAA letter. Yes, that was That was my only question Oh, okay. Well, does anybody have a motion? All right, I have a motion from as far and a second from the screen All in favor That's a carry six So, yeah, so yeah If there are any concluding items you can bring them up now otherwise Sure, we can adjourn If there is no Question I have is do we have a calendar yet? We do We did prove that last time we met and we'll send that out. We haven't already so Monica making sure that we can send that Send it out to the whole board One more just question logistics fun are we do we need a permanent chair or we have one they're just not here So they are not here today. So Jennifer's not was unable to attend. We're hoping that in January we'll open it up for To be able to select a new chair in the new vice chair Since we try to do it every year I know initially it was August but I think that the city secretary is looking at it for every board and commission to be in January. So that is when we'll select our chair and vice chair Amber who was our chair I wasn't able to Continue therefore. That's why we're sort of in this transition. So January hopefully will have a chair and again a vice chair All right any other topics for discussion There's no other business I will Much