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<br />The applicant is requesting relief fromthe separation requirement of Table 1 Section 8- <br />4.34, which requires the tower height plus 50 feet from the compound to property lines <br />and public rights-of-way. <br /> <br />p The proposed tower is 305 feet in height which would require a separation <br />distance of 355 feet. <br /> <br />p The compound is 337 feet from the right of way of Gold Hill Road East and 340 <br />feet from the rear property line. <br /> <br /> The applicant contends that unnecessary hardship results from the strict <br />application of the ordinance because setbacks are typically imposed to <br />avoid potential harm to the public. The proposed tower would land upon <br />its on property in the event of a fall and the tower compound is set back a <br />greater distance from the property lines than its height. <br /> <br /> The applicant contends that hardship results from conditions that are <br />peculiar to the property because of the shape of the property and the <br />inability to meet the required setbacks, while achieving a tower height <br />necessary for the proper radio frequency distribution to achieve optimum <br />signal service for E911 services. <br /> <br /> The applicant further contends that additional hardship was realized as <br />due diligence research revealed that the setback is measured from the <br />right-of-way line (property line extends to centerline of road) in this case. <br /> <br /> The applicant contends that hardship did not result from actions taken by <br />the applicant or the property owner because the applicant originally <br />started this process as a 911 Communications Tower solely for the purpose <br />of emergency communications, but as the process progressed, the <br />possibility of having commercial collocates was added. <br /> <br /> Had the tower remained a 911 Communications Tower only, the <br />tower would not have to be set back from property lines if a fall <br />zone letter from a PE certifying that the tower would not fall onto <br />any neighboring properties was submitted. <br /> <br /> The applicant was not aware that the setback ordinances would <br />become an issue when siting a tower that is a maximum height of <br />305 feet during the selection and eventual purchase of two <br />adjoining parcels that when combined, would total 13.63 acres. <br />The applicant firmly believed that a parcel of 13.63 acres would <br /> <br />