Legislation Details

File #: 25-1716    Version: 1 Name:
Type: Appeal Status: Agenda Ready
File created: 9/4/2025 In control: Zoning
On agenda: 10/13/2025 Final action: 10/13/2025
Title: At 10:00 a.m. the Board heard comments from the following persons concerning appeal on case file 25-07HC086: a) Introduction by Eric Nolan, Zoning Administrator. b) Comments by Thomas Waniewski with Diamond Communication appellant, in favor of granting the requested variances. c) Comments by Jimmy Miller opposed to granting the requested variances. d) Rebuttal by Thomas Waniewski. After a full discussion, the Board adopted an ORDER denying the appeal and sustaining the Planning Commission's decision to deny Case File 2507HC086 for a Variance filed by MS Power Company for Diamond Communications LLC requesting three (3) variances on a 2.7-acre parcel of land to allow for 1.) an overall height of 199.5 feet instead of the required height of 35 feet, 2.) a front yard setback of 48 feet instead of the required 122.5 feet, and 3.) a north side yard setback of 53 feet instead of the required 107.5 feet for construction of a Self-Support Communications Tower. The su...
Attachments: 1. 1- Zoning Order No. 2507HC086 10-13-25, 2. 2507HC086 Transcript 7-17-25, 3. 2507HC086 Appeal Letter 7-17-25, 4. 2507HC086 Appeal Letter 2 7-17-25, 5. 2507HC086 PC Minutes 7-17-25, 6. 2507HC086 Exhibit #1-4 Opposition 7-17-25, 7. 2507HC086 SITE VISIT, 8. 2507HC086 Opposition Letter # 1, 9. 2507HC086 Documents, 10. 2507HC086-1 Staff Report Variance 7-17-25, 11. 2507HC086-2 SITE PLAN (large), 12. 2507HC086-2 Site Plan, 13. 2507HC086-3 Map, 14. 2507HC086-4 Image, 15. 2507HC086-5 Application, 16. 2507HC086-5 Pictures, 17. 2507HC086-5 Airspace Study, 18. 2507HC086-6 Deed, 19. 2507HC086-7 ADJ List, 20. 2507HC086-8 ADJ MAP, 21. 07-Ju;y 17, 2025 Proof of Pub - Public Hearing Notice

Title

At 10:00 a.m. the Board heard comments from the following persons concerning appeal on case file 25-07HC086:

 

     a)                      Introduction by Eric Nolan, Zoning Administrator.

     b)                      Comments by Thomas Waniewski with Diamond Communication appellant, in favor of granting the requested variances.

     c)                      Comments by Jimmy Miller opposed to granting the requested variances.

     d)    Rebuttal by Thomas Waniewski.

 

After a full discussion, the Board adopted an ORDER denying the appeal and sustaining the Planning Commission's decision to deny Case File 2507HC086 for a Variance filed by MS Power Company for Diamond Communications LLC requesting three (3) variances on a 2.7-acre parcel of land to allow for 1.) an overall height of 199.5 feet instead of the required height of 35 feet, 2.) a front yard setback of 48 feet instead of the required 122.5 feet, and 3.) a north side yard setback of 53 feet instead of the required 107.5 feet for construction of a Self-Support Communications Tower. The subject property is located at XXXXX Mark West Rd in an A-1 (General Agriculture) District. The ad valorem tax parcel number is 0606P-01-001.001.

 

                                          [DETAILED ORDER FOLLOWS AS ATTACHMENT 1.]