MINUTES
ORO VALLEY BOARD OF ADJUSTMENT
Regular Session
September 26, 2017
ORO VALLEY COUNCIL CHAMBERS
11000 N. LA CAŅADA DRIVE
 
REGULAR SESSION AT OR AFTER 3:00 PM

CALL TO ORDER

Chair Dankwerth called the meeting to order at 3:00 p.m.

ROLL CALL

PRESENT:
Helen Dankwerth Chair
Stephen Roach, Vice Chair
John Bohl, Member
David Perkins, Member
Michael Schoeppach, Member

ALSO PRESENT:
Chief Civil Deputy Attorney Joe Andrews
Senior Planner Rosevelt Arellano
Council Member Steve Solomon

PLEDGE OF ALLEGIANCE

Chair Dankwerth led the Board and audience in the Pledge of Allegiance.

CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Board on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual board members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Board may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card.

No speaker requests.

COUNCIL LIAISON COMMENTS

There were no council liaison comments.

REGULAR SESSION AGENDA

1.

INTRODUCTION OF NEW TOWN MANAGER MARY JACOBS TO THE BOARD OF ADJUSTMENT MEMBERS


Town Manager Mary Jacobs introduced herself to the Board and thanked them for their service.

2.

REVIEW AND APPROVAL OF THE MAY 23, 2017 REGULAR SESSION MEETING MINUTES


Draft Minutes

MOTION: A motion was made by Member Bohl and seconded by Vice Chair Roach to approve the May 23, 2017 meeting minutes as written.

MOTION carried, 5-0.

3.

PUBLIC HEARING: REQUEST FOR A VARIANCE TO THE REQUIRED SETBACKS TO ENABLE CONSTRUCTION OF A CELL TOWER, LOCATED NEAR THE SOUTHWEST CORNER OF COOL DRIVE AND ORACLE ROAD (OV1701936)


ATTACHMENT 1 APPLICANT SUBMITTAL

ATTACHMENT 2_ LOCATION MAP

Planner Milini Simms gave a presentation that highlighted the following:

Purpose
Location
Zoning Requirement
Five criteria
Summary

Questions raised by the Board and addressed by Staff:
- Why is current tower being decommissioned?

Michelle Lamoureux, representative for Verizon Wireless, gave a presentation that highlighted the following:

- Replacing existing site located 350 feet to the west
- None of the parcels in the area would meet Oro Valley Code
- Original owner of site requested current tower be decommissioned
- Without tower, the result will be detrimental to Verizon service in surrounding area
- Difference in coverage area with tower and without tower
- 50 feet in height needed for coverage area; other carriers could also benefit
- Buildings in the area are too low for rooftop antennas to achieve the same objective
- The towers can withstand tremendous wind speeds

Questions raised by the Board and addressed by the applicant:

- What is Verizon's "Plan B" if this is not approved?
- Can smaller towers on rooftop achieve what this tower can do?
- Are the Oro Valley Code requirements universal?
- Rooftop towers will diminish service outside of ring area?

The applicant provided a handout on the drawings of the cell site.

Additional questions raised and addressed:
- If you expand the circumference of the area, how would that affect availability of additional rooftops? Impact the coverage in the same way?
- Stated police and fire services will be affected; are they aware of this?
- Stated that Oro Valley Code is more restrictive compared to other communities. Can you expand?
- Did the police & fire departments make any comments if the efficacy of their services will be negatively impacted if there was only rooftop servicing?
- The taller tower would generate income? Is it more expensive to have rooftop antennas in the area?

Senior Planner Rosevelt Arellano stated the variance application was forwarded to the police department and at this time, they did not see a need to warrant the variance. Regarding the Type 1 application, process requires administrative review only, provided it meets the stealth criteria.

Chair Dankwerth opened the public hearing.

No speakers.

Chair Dankwerth closed the public hearing.

MOTION: A motion was made by Member Schoeppach and seconded by Vice Chair Roach to deny OV7011936, a variance request to decrease the required setbacks for a proposed cell tower, based on the finding that the five criteria have not been met.

Member Schoeppach stated he wanted to make it clear they are not trying to be difficult. As evidenced from the questions raised by the Board, they are looking to figure out alternatives. From his perspective, the state law and code are extremely clear on the Board of Adjustment's responsibility to judge every proposal on whether it meets the five criteria; this proposal does not meet any of the criteria and would be impossible for him to vote to approve. This is the criteria, standard and process the Board is obligated to follow.

MOTION carried, 4-1 with Member Bohl opposed.

PLANNING UPDATE (INFORMATIONAL ONLY)

Senior Planner Rosevelt Arellano gave the following updates:

- The Conceptual Design Review Board has been dissolved; all cases will now be part of the Planning and Zoning Commission
- The Planning and Zoning Commission October 3rd meeting will be held at Icagen, Inc.
- Five neighborhood meetings are tentatively scheduled for the Capella project
- The Town Council meeting on October 18th includes zoning code amendments on A-frames and Outdoor Displays
- A neighborhood meeting on the Big Wash trailhead is scheduled for October 23rd
- The next Board of Adjustment meeting is scheduled for October 24th

ADJOURNMENT

Chair Dankwerth adjourned the meeting at 3:35 p.m.

Prepared by:


Jeanna Ancona
Senior Office Specialist

I hereby certify that the foregoing minutes are a true and correct copy of the regular session Board of Adjustment meeting of Oro Valley, Arizona held on the 26th day of September, 2017. I further certify that the meeting was duly called and held and that a quorum was present.