VILLAGE OF EVENDALE
ZONING BOARD OF APPEALS MEETING MINUTES
JUNE 7, 2005
EVENDALE MUNICIPAL BUILDING
The Zoning Board of Appeals was called to order by Chairperson Al Schutte at 7:30 P.M. on June 7, 2005. The following members were present: Chairperson Al Schutte, Tom Lippert, Lynn McCarthy, Mike Reed and D. Lynn Watts. Jack Cameron, Assistant to the Mayor, and Pam Morin, Building Department clerk, were also present.
The following request was heard:
1. Cingular, 10475 Reading Road
Request for a variance from Section 1263.04(E) of the Evendale Zoning Code, restricting the height and size of micro antennas.
Represented by Timothy Sturm, Burgess & Niple, Inc.
File #V-05-02
Cingular has an agreement with Jewish Hospital Professional Center (JHPC) to install twelve micro antennas on the roof top. These antennas are 8 feet in height x 1 foot wide x 5 inches thick. The JHPC building is approximately 40 – 45 feet tall.
Section 1263.04(E) restricts the height of micro antennas to five feet and the area to 580 square feet. Burgess & Niple, Inc. is requesting a variance of three feet in antenna height and 573 square inches in area.
FCC regulates the amount of power being emitted by each antenna. Burgess & Niple, Inc.’s analysis indicated that co-habitation with existing towers did not meet the standard of coverage they require. Cingular is requesting these micro antennas to improve the reception of cell phones in general and especially inside buildings.
The “cell tower” ordinance was passed by Council in May, 2003, at which time the five foot restriction was reasonable. Al Schutte brought up the fact that it is difficult for zoning codes to keep up with technology. There was the discussion of the concern that the Village may get numerous requests for similar antennas and how that would look along Reading Road.
Tom Lippert made a motion to approve plans as proposed, with D. Lynn Watts seconding the motion. A vote was taken. The motion failed with a vote of 2 – 3.
Mr. Sturm was informed that he had the right to appeal the ZBA decision through Council. It was also suggested that if he wishes to continue to move the process forward, that he should submit plans for the accessory building to Planning Commission according to Chapter 1263 of the Evendale Zoning Code, simultaneously to the appeal process.
Internal Business:
At previous ZBA meetings, there had been a discussion of the wording on the six justifications. The members agree that the wording is unclear, limits the members in their actions, and provides a narrow focus. Al Schutte studied that zoning codes from Sharonville and Blue Ash. The wording for the Sharonville ZBA application was identical to ours. Jack Cameron offered to talk to Tim Burke about this issue.
2. The minutes for the January 20, 2005 meeting were read. There were three changes. A motion was made by Al Schutte and seconded by Lynn McCarthy, that the minutes be approved with changes. The motion passed with the vote of 5 – 0.
Al Schutte motioned that the meeting be adjourned. D. Lynn Watts seconded the motion. The motion passed with a vote of 5 – 0. The meeting was adjourned by 8:15 P.M.
Al Schutte, Chairman
Zoning Board of Appeals
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