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October 13, 2015 Page 2 CONSIDERATIONS RELATING TO THE PROPOSED VARIANCE 1. Background There is an existing wireless telecommunications tower to the north (rear) of the building at 2801 37th Ave NE. The tower is currently 75 feet in height and AT&T has antennas mounted at the 73 feet point of the tower. The Applicant (Verizon Wireless) wishes to install antennas on this tower to provide service to the Silver Lake neighborhood to north and provide increased capacity to the general area. Directly north of the site is railroad right-of-way and there are existing mature trees between 65 and 70 feet in height within the right-of-way. If the height is not increased, Verizon would need to install their antennas at the 59 feet point of the tower below AT&T antennas. Verizon’s RF Engineer has provided a coverage maps that shows that the Silver Lake neighborhood would maintain significant coverage gaps, partially due to the reduced height but primarily due to the existing trees blocking the signals. If the variance was approved for an extension to increase the tower height to 87 feet, then Verizon’s antennas mounted at a total of 87 feet would provide coverage for the majority of the Silver Lake neighborhood. 2. Applicable Codes. Title IX General Regulations, Chapter 90 Wireless Telecommunication Towers, Section §90.04 (B) (8) HEIGHT apply to this proposal. Section (B) (8) (a) states that wireless telecommunication towers shall not exceed 75 feet. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245 VARIANCES (A) Application states that “An owner of property with an existing structure which does not comply with the zoning code, or of property on which such a structure is proposed to be constructed, may apply for a variance upon payment of the fee specified in Chapter 33”. 3. Criteria for and Consistency with Criteria for Variance Approval. Title XV Land Usage, Chapter 152 Zoning Code, Section §152.245, (C) Evidence, lists the criteria the City Council must consider in determining whether to grant or deny a variance. The applicable criteria include: 1. The subject matter of the application is within the scope of this section. The application for a variance to height is an eligible subject matter for variance criteria because these factors are related to dimensional and/or bulk standards. Criterion met. 2. Strict enforcement would cause practical difficulties because: a. The property owner proposes to use the property in a reasonable manner not permitted by the zoning code; The applicant is proposing to co-locate antennas on an existing tower that is permitted in the zoning district and encouraged by the wireless telecommunications towers chapter. The applicant cannot provide coverage mounting antennas on the tower below the existing AT&T and would otherwise need to install a new tower to provide coverage, which is discouraged by the wireless telecommunications towers chapter. Increasing the height of the tower by ten (10) feet, to a total height of 85 feet, would provide coverage. Therefore, the property owner is proposing to use the property in a reasonable manner not permitted by the zoning code. Criterion met. b. The plight of the property owner is due to circumstances unique to the property not created by the property owner; 88