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Lake Board of Zoning Appeals grants AT & T tower construction

Members of the Carroll County Lake Board of Zoning Appeals at the Jan. 26 meeting agreed to allow the construction of an AT & T  communications tower on a property located at the southeast corner of Humphrey Road and Highway 70.

The portion of the property proposed for the communications tower is zoned L-2 (Lake Low-Medium Density Residential).

According to Community Planner Donny Bunton, the property is approximately 23 acres in size, but the tower will be located on a proposed 100’ x 100’ lease area, owned by Robert and Donna Williams. The proposed tower would be 250 feet in height.

“It just needs to be approved,” said Bunton at the beginning of the meeting. “There is no criteria it has to meet. This use is permitted in all zones upon appeal and the board can’t prohibit it.”

However, Bunton explained that basic requirements can still be enacted such as minimum standards for setbacks, landscaping, and off-street parking.

“There is the issue of the 100’ x 100’ lease area for which the tower is to be located on to be discussed,” said Bunton. “Some communities consider the creation of such a lease area to be considered a subdivision and subject to platting requirements.”

However, Bunton said the creation of the lease area is not permanent and he does not think platting of the property is necessary.

Board member Brad Hurley inquired about some situations concerning the tower that he wanted answered.

He questioned where the entry into the property was located and what was the terms of the lease?

Burton said the entry point was on Humphrey Road and the terms of the lease are 65 years with renewable terms of the first ten years and then every five years.

Hurley wanted to know about any restrictions around a cell phone tower.

Burton again related there were  such restrictions such as landscaping, setbacks, and off-street parking. Hurley also wanted to know if neighboring landowners were notified by mail.

“I think we need to notify neighbors in the future,” said Hurley. “I’m also concerned if there is no subdivision plat.”

Before the meeting ended, Burnton advised Hurley that in the future discussions could could be held about notifying nearby residents.

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