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09-13-10 Council Agenda & Packet
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09-13-10 Council Agenda & Packet
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Board of Zoning Appeals <br />August 10, 2010 <br />Page 2 <br />new Transpo Operations Facility likely to have an address of 1401 South <br />Lafayette Blvd., South Bend, IN (corner afLafayette Blvd, and Stull Street). <br />C. Background and Statement of Special Exception Requested. The communications <br />facilities withi~~ Transpo are in constant radio contact with the drivers of its public <br />passenger vehicles. To assure carnmunieation with the drivers regardless of their <br />location, Transpo constructed a 1$0 foot lattice-style free-standing <br />telecommunications tower. The tower is currently located and in operation at <br />Transpo's existing Northside location. When the new Transpo Operations <br />Facility is completed, Transpo planned to relocate the tower to the new location. <br />It is a single purpose tower f`or communicating with Trazrspn personnel only anal <br />is not used far public telecommunication purposes. <br />S'ectiorr 21 -08. ()1(3)(A) - W'hc~re Perrjritted -The tower would be located on <br />Transpo property within the General Industrial district. Accordingly, pursuant to <br />Section 21-08.01(3)(A), a special exception use is required. Additionally, the <br />tower would be located within five hundred (500) feet of a residential district. <br />However, because the telecommunication tower only serves Transpo and no other <br />residents and businesses of the City of South $end, there are na other locations, <br />buildings or structures beyond fve hundred (500) feet of a residential district or <br />use which are available. The Transpo site is within the City of South Bend's new <br />Ignition Park. Accordingly, alternative site locations for the tower are <br />problematic. Additionally, many of the residential properties within the area have <br />been included on the Redevelopment Commission's acquisition list for future <br />acquisition to complete and expand Ignition Park. <br />Section 21-08.01(3)(B) - Alternatives Exhausted - Because the <br />telecommunications tower is utilized solely by Transpo for communicating with <br />its drivers, Iocating the specialty wireless radio equipment an an existing tower, <br />building or structure established for cell communications is not feasible. <br />Section 21-OS.O1(3)(C) -Fair Market Value -not applicable. <br />Section 21-08.01(3)(D)- Additional Special Exception Filing Requirements - <br />because the telecommunications tower at issue is riot one to be utilized by the <br />public, the provisions of subpart i. regarding a service plan for the City of South <br />Bend, subpart ii. regarding a certification that the tower is available for use by <br />another wireless telecammuinications provider, and subpart iii. regarding a <br />designation by the owner that the tower is located on an area set aside far the <br />equipment of future owners are not applicable. <br />Section 21-08, 01 (d} -Development Standards -Offcials of Transpo and its <br />general contractor, The Robert Henry Corporation, have been in contact with the <br />building commission's staff to assure that the telecommunications tower, subject <br />BARNES&TxoRNBVRG ~p <br />
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