Cellular South Real Estate, Inc.
November 9, 2015
Page 2
The City of Mobile, Alabama
Board of Zoning Adjustment
Letter Of Decision
November 9, 2015
Cellular South Real Estate, Inc.
1018 Highland Colony Parkway, Suite 400
Ridgeland, MS 39157
Re:#6010/1361
(Case #ZON2015-02297)
Cellular South Real Estate, Inc.
3208 & 3210 Dauphin Island Parkway
(West Side of Dauphin Island Parkway, 165’+ North of Tallahassee Drive).
Dear Applicant(s) / Property Owner(s):
On November 2, 2015, the Board of Zoning Adjustment considered your request forHeight, Setback and Residential Buffer Variances to allow a 148' monopole telecommunications tower setback 30’ from the lease parcel line and 60’ from an R-1, Single-Family Residential District in a B-3, Community Business Districtat the above referenced location.
After discussion, the Board determined the followings findings of fact for Approval:
1)Based on the fact that the site is adjacent to an existing cellular communications tower approved by the Board and not contested, the variance will not be contrary to the public interest;
2)These special conditions (the site is of limited space and other sites were either not suitable or were unavailable) exist such that a literal enforcement of the provisions of the chapter will result in unnecessary hardship; and
3)That the spirit of the chapter shall be observed and substantial justice done to the applicant and the surrounding neighborhood by granting the variance in that no other tower sites were available for collocation.
The Approval is subject to the following conditions:
1)the tower is limited to a monopole design with an over-all height of 152’, including the lightning rod;
2)subject to the Planning Commission approval of the Planning Approval, Planned Unit Development, and two-lot Subdivision applications;
3)revision of the site plan to indicate the drive and turnaround paved with asphalt, concrete or an approved alternative paving surface;
4)revision of the site plan to indicate overstory trees, to be coordinated with Urban Forestry, at a ratio of one tree per every 30 linear feet of compound perimeter;
5)revision of the site plan to indicate wooden privacy fencing and gates 8’ high around the tower compound; and
6)full compliance with all municipal codes and ordinances.
Any party aggrieved by this decision may, within fifteen days of the date of the decision, appeal to the Circuit Court of Mobile County by filing a written notice of appeal, specifying the decision from which the appeal is taken. Notice of the appeal, as well as a date stamped copy of the appeal filed in Circuit Court must be filed with this Board within the fifteen-day appeal period.
No permit, license or certification can be issued until the 15-day appeal period has expired and no appeal has been made. If a permit/license has not been obtained on or before May 2, 2016, the Height, Setback and Residential Buffer Varianceswill expire and become null and void. For additional assistance call (251) 208-5895.
Sincerely,
BOARD OF ZONING ADJUSTMENT
William Guess, Chairman
By:______
Bert Hoffman, Planner II
cc: George R. Claxton
Hardy Engineering
Moody & Associates
/lw
P.O. Box 1827Mobile, Alabama36633-1827