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October 13, 2015 Page 3 The property is located adjacent to a railroad right-of-way and there are existing mature trees that are between 65 and 70 feet tall. These trees prevent the existing telecommunication towers from providing service from a second set of collocated antennas. These trees were not planted by the property owner. Therefore, the plight is due to circumstances unique to the property that are not created by the property owner. Criterion met. c. The variance, if granted, will not alter the essential character of the locality; and Granting of this variance will not alter the essential character of the neighborhood. The tower is already located on the property and already supports antennas providing service for AT&T customers. The character of the locality would be altered greater if a second tower was constructed to provide Verizon coverage instead of granting the variance for the increased height. Criterion met. d. Economic considerations alone are not the basis of the practical difficulties. Increasing the height of the tower would likely cost more than installing the antennas at the 59 foot height, but that would height would not provide coverage. The request to increase the height of the tower is not related to cost, it is related to coverage. Criterion met. 3. The variance, if granted, would be consistent with the City’s comprehensive land use plan. If the variance is granted the use of the property would remain the same land use as it is today, light industrial. The comprehensive plan guides this area for light industrial and the proposed tower extension will not alter that land use. Additionally, the Comprehensive Plan speaks to the investments that St. Anthony has made in redeveloping Apache Plaza into Silver Lake Village. The proposed extension would provide Verizon wireless telecommunication coverage to Silver Lake Village that otherwise would not occur from the existing tower. Criterion met. 4. The granting of the variance is in harmony with the general purposes and intent of the zoning code. The intent of the zoning code is to protect the health, safety, and general welfare of the city and its people through the establishment of minimum regulations governing land development and use. The zoning code is established to: protect the use districts; promote orderly development and redevelopment; provide adequate light, air, and access to property; prevent congestion in the public streets; prevent overcrowding of land and undue concentration of structures by regulating land, buildings, yards, and densities; and provide for compatibility of different land uses. A wireless telecommunications tower existing on the site that is permitted within the LI: Light Industrial zoning district. If the height of the tower were not increased, the coverage could only be provided by constructing a second tower, which is discouraged by the Wireless Telecommunications Tower chapter and would increase the concentration of structures. Therefore, allowing the increase in height would meet the intent of the zoning code by preventing undue concentration of structures. Criterion met. POSSIBLE ACTIONS 1. Motion to adopt a resolution approving the request for a variance at2801 37th Avenue. 2. Motion to deny the Variance. In the event of a recommendation for denial, the City Council must state its findings related to denial. 89