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From YouTube: MONTGOMERY BOARD OF ADJUSTMENT (4/21/22)
Description
BOARD OF ADJUSTMENT
April 21, 2022
1. BD-1989-208 PRESENTED BY: Jeffcoat Engineers & Surveyors
REPRESENTING:
SUBJECT: Request a street side yard variance and a side yard variance for an addition to the dwelling located at 238 Broadway Street in an R-65-d (Duplex Residential) Zoning District.
2. BD-2022-019 PRESENTED BY: Richard Rogers
REPRESENTING: Same
SUBJECT: Request a side yard variance for an accessory structure to be located at
3306 Highridge Court in an R-85 (Single-Family Residential) Zoning District.
3. BD-2022-021 PRESENTED BY: Shane & Melissa Heath
REPRESENTING: Same
SUBJECT: Request a special exception to place a mobile home for living purposes on the west side of Mitchell Young Road, approximately 2,500 ft. north of Selma Highway, in an AGR-1 (Residential Agriculture) Zoning District.
4. BD-1989-171 PRESENTED BY: Paul Hard & Jonathan Guyette
REPRESENTING: Same
SUBJECT: Request a height variance for an addition to a privacy fence located at 374 Rose Lane in an R-75-s (Single-Family Residential) Zoning District.
5. BD-2022-018 PRESENTED BY: Valerie Teemer
REPRESENTING: A Better Me of Alabama
SUBJECT: Request a special exception for transitional housing to be located at 3360 Herbert Drive in an R-75-s (Single-Family Residential) Zoning District.
6. BD-1983-117 PRESENTED BY: Darnell Bennett
REPRESENTING: Same
SUBJECT: Request a special exception for an auto wrecking operation to be located on the west side of Norman Bridge Road, approximately 7,400 ft. north of Hyundai Boulevard, in an M-1 (Light Industrial) Zoning District.
7. BD-2022-016 PRESENTED BY: Watkins & Eager, PLLC
REPRESENTING: SBA Sites, LLC
SUBJECT: Request an administrative review of the approval of the development plan for a new cell tower to be located at 3824 South Court Street in a B-4 (Commercial) Zoning District.
The next Board of Adjustment meeting will be May 19, 2022 @ 5:00 p.m.
B
Board
of
adjustments
is
a
nine
member
board
and
we're
appointed
by
a
city
council,
and
we
serve
on
a
voluntary
basis
without
compensation.
Our
procedure
for
conducting
business
is
I'll
call.
The
name
of
the
petitioner,
if
you
would
please
come
to,
might
come
to
the
podium
speak
clearly
into
the
mic,
so
that
our
recording
secretary
can
pick
up
on
your
presentation
and
testimony
opponents
or
proponents
may
be
limited
to
10
minutes
per
side.
B
You're
required
to
recuse
yourself
from
voting
any
testimony
that
is
submitted
by
the
petitioner
or,
on
behalf
of
the
petitioner
during
the
presentation
of
the
agenda
item
will
be
binding
as
to
any
decision.
The
board
makes
relative
to
the
motion
I'll
remind
the
members
of
the
board
that,
if
a
motion
to
deny
on
any
item
is
made,
a
reason
must
be
given.
B
It's
this
time
I'll,
introduce
the
members
of
the
board
and
we
have
a
full
board
here
tonight:
miss
kt
brown,
miss
america
blair,
mr
bo
holmes,
mr
george
howell
jr,
mr
jennifer
shaw,
mr
blake
markham
mr
mark
prince
mr
pickett
reese,
and
I'm
john
stanley,
your
chairman,
our
staff.
That's
here
tonight,
mr
tommy
tyson,
mr
james
center,
miss
tanya
ingram
and
miss
jovan
hines,
our
recording
secretary.
B
B
A
B
Guthrie,
as
I
understand
the
agenda
here,
this
is
to
maintain
that
attached,
carport,
correct,
and
so
you
came
out.
You
did
the
measurements
and
realized
they
needed
a
variance
right,
actually,
two
variances.
Actually,
yes,
one
side
yard
and
a
two
side
yard
variances
right:
okay,
so
that
the
carport
was
already
in
place.
Yes,
okay,
what
prompted
that
you
had
a
mortgage
survey
or
something
I
believe
he
received
a
citation
from
the
building
departments?
What
started
the
thing.
A
A
D
C
B
B
C
B
You've
only
got
four
feet:
nine
inches
of
space
between
the
carport
and
your
property
owner
adjacent
to
you,
and
we
typically
require
gutters
and
a
situation
like
that
to
keep
that
water
off
your
adjacent
property
arm.
Okay,
so
can
you
agree
to
put
a
gutter
down
that
side
of
the
building?
Sure
is
that,
okay
with
you,
oh
yeah,
okay,
got
to
put
a
gutter.
B
B
B
B
It
looks
like
the
missing
improvement,
because
what
was
there
was
eight
inches
off
the
property
line
right
and
it
was
100
square
feet
now,
you're
planning
to
do
a
new
eight
by
eight
storage
building,
that's
two
feet
off
the
property
line.
Yes
right,
yes,
okay
does
the
shed
or
will
the
shed
spill
water
onto
your
adjacent
property
owner.
B
B
A
B
A
E
A
A
B
A
B
E
A
A
E
A
A
B
Which
one
it
is
well,
why
don't
we
do
this?
Why
don't
we
ask
the
petitioner
to
get
with
the
building
department
and
let
them
classify
as
a
modular
home
yeah?
Okay,
then
you
don't
have
to
come
here,
but
if
they
don't
classify
what
you're
doing
as
a
module
home
and
it's
still
a
mobile
home
you'll
have
to
be.
C
C
C
B
B
Mr
markle
makes
a
motion
to
delay.
Another
second
miss
shaw's.
Second,
all
in
favor
of
that
to
delay.
Please
raise
your
hand.
Okay,
you
understand
yes,
sir,
thank
you
otherwise,
mr
hee.
Otherwise
we
would
have
voted
on
it.
One
way,
the
other.
This
way
you
get
complete
definition
of
what
you
got
and
that
way
we
don't
have
to
vote
on
it
if
it's
a
module
home
tanya
you,
okay
with
that
process,
who
will
he
see
at
the
building
department.
C
B
D
B
B
Out
at
a
crawl
with
his
campaign,
let
me
let
me
read
the
subject
here:
okay,
requesting
a
height
variance
for
an
addition
to
a
privacy
fence
located
at
374
rose
lane
in
an
r-75s
zoning
district,
and
I
believe
you
are
here
asking
permission
to
maintain
an
eight-foot
privacy
fence.
Yes,
sir,
is
that
right?
Yes,
it's
already
there.
How
long
has
it
been
there,
not
very
long,
a
month
or
two
okay?
So
why
are
you
here?
Who
did
somebody
notice?
It
was
a
complaint
from
my
neighbor,
the
back
door
neighbor
sent.
B
F
B
The
rest
of
it's
all,
six
foot
right
and
the
architectural
review
board
will
hear
this
on
april,
the
26th-
yes,
sir,
and
if
they
approve
it,
then
it's
proof,
but
they
still
have.
You
still
have
to
have
our
permission.
Our
permission
would
be
made
subject
to
their
approval.
Yes,
sir,
okay,
of
course,
the.
A
Originally,
it
was
a
six-foot
fence,
a
two-foot
addition
was
made
to
just
that
section,
because
the
neighbors
dogs
behind
us
would
not
allow
us
any
peace,
and
originally
they
would
run
up
to
the
six
foot
fence
and
then
back
up
on
the
neighbor's
deck
and
when
they
saw
us
in
the
backyard
they
would
continue
to
raise.
Ruckus.
G
A
B
E
B
B
B
E
F
We
as
a
community
needs
to
direct.
You
know
our
focus
on
on
homeless
people
38.
It
was
38.3
if
I'm
not
mistaken.
Last
year
of
2020
and
god
placed
on
my
heart
to
open
my
home
to
homeless
people
where
I
can
teach
them
fundamental
skills,
educational
skills
of
maintaining
and
adopt
adapt
to
society
working
class.
How
to
maintain.
F
F
F
B
F
B
B
A
F
B
F
A
B
F
G
F
I
think
someone
called
me
she
she
was
very
open
to
it
and
last
year
I
had
picked
two
individuals.
I
started
off.
You
know
with
two
individuals
that
live
there
now
and
they
living
real
comfortable
and
they
respect
neighbors.
You
know
they
there.
You
know
it's
not
no.
In
and
out
they
go
to
work.
They
come
home
like
everybody
else,.
G
C
B
D
D
Really
quick
question
in
terms
of
your
program:
what
type
of
do
you
have
curriculum
for
your
program?
Do
you
have
a
time
span
that
you're
going
to
give
these
individuals
who
will
sign
up?
What
is
your
process
of
intake,
and
you
know
the
curriculum
behind
the
program
and
the
time
span
that
you're
going
to
allow
before
they're
removed
from
the
home.
F
I
give
them
a
probably
like
two
years.
You
know
in
a
curriculum,
because
within
two
years
it
again
on
confidence
it'll
give
them
the
idea
what
they
need
to
do.
You
know
succeed
in
life
on
their
own
and
the
curriculum
is
that
you
know
getting
them
aware
and
the
you
know,
development
of
you
know
what
they
should
do,
how
to
keep
a
home.
How
to
maintain
you
know.
Sometimes
you
might
need
a
roommate.
F
D
I
guess
I
mean
I
definitely
appreciate
the
thought
behind
it,
but
I
guess
I'm
asking
in
terms
of
measurables
and
if
you're
the
sole
employee
of
the
program.
I
guess
I
mean
this
probably
has
nothing
to
do
with
this
meeting,
but
just
a
breakdown
of
how
you're
measuring
their
their
progress
and
how,
because
I
I
can
just
see
some
conflicts
happening
if
you
feel
they're
okay
to
leave,
but
they
don't
feel
they're
okay
to
leave.
So
I'm
just
wondering
how
that
balances
with
your
idea
for
the
program.
D
F
F
I
see
you
know
if
you
have
a
problem
just
say
if
the
red
is
due
on
on
the
first
and
you
got
to
the
third
to
pay
it
and
you
can't
pay
it
until
the
16th.
You
know
then
I'll
go
in
and
say
with
us.
You
know
you
have
to
pay
it
on
the
first.
You
know
you.
I
mean
it's
good,
that
you
give
notice,
but
you
know
to
maintain
that
home
you're
going
to
have
to
do
it
every
day.
F
B
B
F
A
I'm
familiar
with
that
program,
but
that's
that
was
my
concern.
How
would
you
know
that
these
people
are
are
good
people
and
where,
where
do
you
propose
to
get
get
to
the
residents
from
how
do
you
have
a
listing,
or
do
you
have
some
other
type
of
contact
where
you
can
get
these
people
to
come
to
your
place?.
F
C
A
F
A
B
D
D
D
I
do
not
agree
with
what
what
she's
asking
for
for
several
reasons
as
some
of
the
questions
you
guys
have
posed
this
evening.
I
am
concerned
with,
like
you
said,
the
background
checks
who's
coming
into
the
community.
We
don't
have
a
homelessness
opportunity
if
you
will
for
the
cross,
creek
spring
valley
community,
I'm
not
saying
that
it's
not
there,
but
I
just
don't
see
with
my
eyes
and
I'm
in
and
out
of
the
community
day
in
and
day
out.
D
I
don't
see
that
type
of
opportunity
and
I
would
be
concerned
that
she
would
be
bringing
homelessness
or
homeless
individuals
into
the
community.
I
applaud
the
efforts,
I'm
all
about
assisting
others
in
the
community,
with
certain
type
of
criteria
with
certain
type
of
programs
there's
over
20
organizations
in
the
montgomery
area
that
allow
and
afford
this
type
of
opportunity
and
services.
I
don't
understand
how
it
would
be
beneficial
in
a
residential
community.
D
I
also
have
concerns
with
the
the
background
check.
The
the
street
itself
is
within
five
miles
of
three
schools
and
again
I'm
not
I'm
not
implying
that
everybody
that's
homeless
is
a
danger
or
a
threat,
but
these
are
things
that
go
through
your
mind
when
you
hear
that
someone
wants
to
bring
in
at
the
time
five
or
six
individuals
that
that
are
in
the
community,
you
know
to
come
in
for
a
transition
type
of
lifestyle,
if
you
will
so
that
those
are
my
concerns.
B
F
F
B
A
F
C
B
D
D
We
need
it.
It
is
needed
in
the
community
and
community
is
important
and
that's
the
only
way
that
we're
going
to
make
it
out
of
whatever
we're
in.
So
thank
you
for
that,
and
I
just
you
know,
recommend
you
maybe
linking
with
some
programs
that
are
already
established
who
offer
similar
type
programs.
I
can
talk
to
you
offline
if
you
like,
just
to
continue
to
build
your
efforts.
D
C
G
B
B
Requesting
a
special
exception
for
an
auto
wrecking
operation
to
be
located
on
the
west
side
of
norman
bridge
road.
Approximately
7
400
feet
north
of
hyundai
boulevard
in
an
m1
zoning
district
board.
Members
of
the
petitioners
here
really
requesting
a
special
exception
to
use
this
property
for
an
auto
wrecking
operation.
B
B
B
A
A
With
the
auto
worker
service
by
the
state
regulation,
it's
like
30
to
45
days
for
the
car
turn
around
to
get
released
of
the
lien
or
the
actual
owner
to
abandon
the
vehicle.
But
if
I'm
working
on
the
auto
service
of
a
vehicle
is
up
to
the
customer,
if
they're
paying
on
payments
on
doing
the
repairs,
it
determine
that
customer.
If
the
vehicle
sits
longer
than
another
30
days.
B
B
C
B
D
B
B
D
B
D
A
Ma'am,
you
know
his
I'm
over
here.
Oh,
you
know
where
his
current
location
is.
If
you
were
to
continue
past
there,
where
the
bridge,
where
the
road
stops
yeah,
if
it,
if
that
road
were
to
continue
it
merges
into
norman
it
merges
into
south
court
street
yeah,
it
does.
But
at
that
point
it's
norman
bridge
road,
still,
that's
where
he
is
he's
on
the
complete
other
side
of
the
bridge
of
the
road.
That's
closed
down.
F
A
A
D
D
Because
we
we
were
under
the
impression
because
we
didn't,
I
knew
we
knew
it
was
off
up
right
down
from
hyundai
boulevard
right
down
from
southport
street,
and
I
knew
that
the
bridge
was
out,
but
we
have
pull
apart
on
that
end
already,
so
he's
going
to
be
down
that
way
down
that
path.
What
pull
apart
is
that's
what
what
we're
saying
here
that
is
correct
am.
D
D
B
B
B
B
B
B
B
B
A
Development
plans,
as
I
have
done
for
more
than
20
years,
land
use
received
a
development
plan
dated
november
23.
2021
from
tillman
infrastructure
for
a
new
cell
tower
would
be
located
at
3840,
south
court
street.
I
reviewed
the
plans
and
found
them
to
be
in
compliance
with
the
zoning
ordinances
and
long-standing
policies.
A
A
I
have
reviewed
in
excess
of
25
cell
towers
over
the
years
and
the
subic
tower
was
handled
in
the
same
manner
as
the
previous
towers
and
under
the
ordinances
and
policies
that
were
currently
in
place
at
the
time.
I
feel
confident
that
I
handled
this
project
properly
and
with
the
within
the
established
procedures.
B
A
Staff
and
various
departments
approved
it.
I
have
to
it's
vetted,
it's
vetted
by
other
departments
and
then,
once
it's
completed
by
the
departments,
I
secure
the
signatures
from
each
department,
which
would
be
engineering,
traffic,
urban
forestry,
water
works
and
fire
department,
and
that
process
is
completed.
A
A
A
B
B
B
It's
in
a
b4
zoning;
okay,
all
right
we're
going
to
move
on!
Thank
you,
james!
Okay!
So
now
I'm
going
to
read
the
agenda
item.
7
is
presented
by
watkins
and
eager
pllc
representing
sba
sites,
llc
requesting
that
administrative
review
of
the
approval
of
the
development
plan
for
a
new
cell
tower
to
be
located
at
38,
24
south
coast
street
in
a
b4
zoning
district,
okay,
sir,
you
got
the
floor,
need
your
name
and
address
so
for
the
record.
E
E
E
E
E
E
E
E
Public
utility
is
always
a
monopoly,
and
it's
defined
by
the
code
of
alabama
very
clearly
setting
aside
transportation.
It's
got
to
be
either
electricity,
gas,
water,
steam
or
public
docks.
This
is
none
of
those
things.
It's
not
only
not
a
monopoly,
but
it
doesn't
fit.
The
state
steps
excuse
me
definition
of
what
it
means
to
be
a
public
utility.
It's
also
not
regulated
by
the
public
service
commission
or
the
state
of
alabama
in
the
way
a
public
utility.
E
Would
I
also
look
to
try
to
find
a
basis
for
the
granting
of
the
application
as
an
accessory
structure.
Except
it's
not
an
accessory
structure.
An
accessory
structure
requires
two
things:
it
requires
that
it
serve
a
principal
building
or
use.
There's
not
one
here.
You
can
see
it's
empty,
it's
an
empty
lot.
E
Secondly,
that
it
contributes
to
the
comfort,
convenience
and
necessity
of
the
principal
building.
That's
also
not
something
we
have
here,
there's
no
other
basis
in
the
zoning
ordinance
to
prevent
a
cell
tower.
That's
not
a
fault
of
the
zoning
ordinance
because
it
predates
cell
towers.
It's
its
age
created
this
situation.
E
I
understand.
No
one
may
have
objected
before
to
the
granting
of
a
cell
tower
by
permit
in
a
business
district,
but
doesn't
mean
I'm
wrong
and
I
don't
find
a
basis
in
your
zoning
court.
It's
your
zoning
ordinance
to
permit
this
now.
Why
is
this
important?
It's
important
to
my
client,
because
the
tower
is
being
put
in
its
shadow
in
order
to
take
its
customers
away.
E
I
look
to
your
small
cell
ordinance.
That's
about
5g
5g
is
a
different
technology,
different
antenna
at
a
lower
height.
The
tower
that's
proposed
is
185
feet.
This
is
not
a
small
cell
issue,
but
I
think
when
we
look
at
what
this
city
enacted,
it
gives
us
guidance
into
what
the
policy
should
be
for
looking
at
cell
towers
like
this
one
and
what
it
says
is
that
you
cannot
put
up
a
5g
antenna
unless
you
first
exhausted
all
other
opportunities
for
putting
up
one
on
another
structure.
E
Not
I'm
not
saying
that
it
controls
expressly,
but
I'm
I'm
giving
a
policy
reason
that
supports
the
board's
consideration
and
that's
all
I'm
asking
is
consideration
of
a
proper
application
for
variants
to
see
whether
this
tower
is
necessary.
I'll
tell
you
why
it's
not
necessary
and
I've
given
it
to
you
in
my
materials.
E
Our
tower
has
three
tenants
on
it.
It
has.
It
has
over
43.
Excuse
me
43
percent
of
its
structural
capacity
available
to
it,
and
it's
got
12
percent
of
its
existing
capacity
available
to
it.
There
is
no
need
for
a
tower
across
the
street.
Begs
the
question:
why
do
they
want
it?
It's
not!
So
you
can
get
better
calls.
E
They
want
it,
so
they
can
move
our
customers
to
it.
It's
not
going
to
double
up
the
coverage
in
the
neighborhood.
It's
not
going
to
keep
you
on
the
phone
with
your
with
your
wife
or
your
friend,
or
your
your
children,
one
second
longer
what
it's
going
to
do
is
put
a
tower
in
the
backyard
so
that,
to
our
economic
detriment,
someone
can
make
money
by
filing
an
application
getting
it
granted.
So.
E
E
Oh,
my
client
is:
are
they
concerned
about
taking
customers
in
a
broad
sense?
We're
you
know,
they're
our
customers.
Now
we
do
our
best
to
serve
them.
They.
If
somebody
wants
to
put
up
another
tower
as
long
as
they
follow
the
law,
we
will
compete,
but
we
want
to
compete
on
a
legal
playing
field.
We
want
to
compete
in
a
fair
playing
field
and
that's
why
we're
asking
for
this
to
go
through
the
proper
variance
process,
because
we
will
show
that
montgomery
doesn't
need
this
tower
in
this
location.
What.
C
E
E
If
you
look
at
the
pictures,
comparing
the
new
tower
versus
our
tower,
all
it
does
is
move
it
an
almost
imperceptible
amount.
There
is
no
benefit
and
no
need
to
get
a
variance.
One
should
show
a
need.
When
we
came
here,
there
was
a
need.
There
was
a
need
to
provide
cell
service
to
the
neighborhood.
That's
I
think
it
was
1997..
C
E
E
E
I'm
I'm
not
critical
of
administrative
review
in
and
of
itself.
I
am
critical
of
the
decision
because
I
don't
think
it
fits
your
zoning
now,
that's
because
of
the
application.
There
is
nothing
that
squarely
fits
a
cell
tower
because
of
the
age
of
the
zoning
ordinance.
It
hasn't
been
updated
to
give
clear
direction
on
it,
but
when
looking
at
the
zoning
provisions
that
could
give
it
could
entitle
it
to
being
permitted
they're,
not
there.
In
fact,
what
they
require
is
a
variance
and
that's
again
what
I
ask
that
there
be
a
showing
of
a
need.
E
G
Sir
andy
rhoden
strike
420
20th
street
north
in
birmingham.
Thank
you
I'm
here
on
behalf
of
tillman
infrastructure,
who
went
through
the
administrative
process,
as
james
told
you
really.
The
first
thing,
I'd
like
to
point
out
is
how
did
sba
get
its
tower
where
it
is
same
process,
so
why
does
tillman
need
to
be
treated
differently?
Well,.
A
E
G
G
G
G
The
ordinance
doesn't
speak
to
transitional
housing,
but
that's
where
tommy
and
his
staff
and
their
expertise
comes
in.
They
have
to
take
the
ordinance
and
interpret
it
and
set
the
guidelines
for
you
guys
to
consider
chicken
coops.
You
guys
get
chicken
requests
coming
to
here
all
the
time
the
ordinance
doesn't
speak
to
chickens,
but
that's
where
tommy
and
his
staff,
who
have
been
doing
this
for
years
and
even
goes
back
to
tommy's
predecessors,
have
been
interpreting
the
ordinance
and
giving
you
the
guidelines
so
that
you
can
make
your
decisions.
G
It's
the
same.
With
cell
towers,
the
montgomery
ordinance
doesn't
speak
to
cell
towers,
because
in
1985
there
wasn't
any
over
the
years
they
have
interpreted
it
to
allow
them
to
come
before
boards
in
certain
situations,
and
then
the
city
council
got
involved
in
2004,
the
city
council
passed
an
ordinance
that
it's
ordinance
number
30-2004.
G
So
in
2004
the
city
council
passed
an
ordinance
that
any
development
plan
applications
site
development
plans
must
go
before
the
planning
commission,
the
administrative
official.
The
staff
had
determined
that
cell
towers
should
go
and
get
site
development
approval
in
2004
city
council
said
those
need
to
go
to
planning
commission,
so
they
did
for
years.
That
was
the
case.
Well
in
two,
in
2020,
in
august
of
2020,
the
city
council
repealed
their
earlier
ordinance
requiring
public
hearings
for
site
development
plans.
G
Sba
doesn't
like
this
process
because
it
like
you
said,
takes
away
their
monopoly.
They
want
to
be
in
the
same
zoning
district.
They
want
to
have
the
same
tower
and
they
will
continue
to
charge
the
rates
they're
charging
to
their
carrier.
Clients
when
we're
planning
to
build
the
tower
and
charge
a
much
more
reasonable
rate
to
compete,
and
if
all
the
carriers
decide
to
come
over
great.
G
But
at
t
has
already
expressed
interest
to
come
over
they're,
not
willing
to
spend
the
extra
money
they're
spending
to
stay
on
sba's
tower,
because
that's
taking
away
dollars
out
of
their
budget
that
they
would
otherwise
be
putting
into
the
city
for
more
sites
and
upgraded
technology.
They
can't
do
it.
G
Sba
is
requesting
you
to
overturn
the
staff's
approval.
That's
what
they're
asking
for
saying
they
did
it
wrong
they're
asking
you
to
overturn
the
staff's
approval
for
this
particular
tower,
even
though
staff
followed
all
the
ordinances
that
were
in
place
by
the
city
council
went
through
the
proper
process
by
sending
it
to
the
various
departments
for
site
plan
development
review
and
granted
approval
of
the
application
based
on
the
fact
that
the
application
met
all
the
requirements.
G
We
ask
that
you
deny
the
appeal
by
sba
and
show
them
the
city
of
montgomery
follows
its
laws
and
that
its
planning
staff
follow
proper
procedures
on
this
application
and
that
they
did
it
right,
like
they've,
been
doing
for
over
30
years.
If
you
have
any
questions
I'll
be
happy
to
try
and
answer
yeah.
C
G
A
A
G
G
Well,
it
doesn't
have
physical
characteristics,
but
what
happens
is
because
sba's
rent
rate
is
so
high
and
the
way
they
charge.
I
think
I
may
have
explained
it
last
time.
It's
like
you
renting
an
apartment
for
500,
and
if
you
decide
two
months
later,
that
you
want
to
move
a
new
couch
into
the
apartment,
you
have
to
pay
them
more
money,
that's
how
they
that's,
how
their
rent
rate
works.
G
So
what
that
does
is
it
prevents
at
t
and
the
other
carriers
from
upgrading
their
equipment
and
getting
the
best
and
latest
service?
For
example,
firstnet
is
the
national
first
responders
network
that
at
t
won
the
bid
for
from
the
federal
government
if
this
new
site's
built
firstnet
will
be
on
it,
so
they
can
upgrade
and
get
the
best
technology
to
that
area.
That's
the
biggest
benefit
and
the
savings
of
the
money
allows
them
to
do
that
right
and
we're
not
just
talking
one
we're
talking
all
across
the
country.
So
the
savings
are
significant.
G
A
C7
specifically
prohibits
state
and
local
governing
entities
from
discriminating
among
wireless
providers
and
from
taking
actions
that
prohibit
effectively
prohibit
wireless
providers
from
providing
service.
This
is
a
paraphrase,
and
I'm
not
an
attorney,
but
I
wonder
why
we
are
ever
here
at
all
about
cell
phone
towers.
If
federal
law
says
they
can
do
it.
That's
what
that's
my
comment.
G
B
F
C
A
A
B
A
A
C
C
B
E
Call
it
five
minutes.
Yes,
sir
I'd
like
to
address
the
federal
law
issue,
the
federal
law
issue
is
is
really
more
than
what
was
just
described.
What
the
federal
law
says
is
that
state
and
local
authorities
on
zoning
and
land
use
are
preserved.
The
first
issue
is
whether
or
not
a
variance
should
be
granted.
In
this
instance
correct.
There
cannot
be
unreasonable
discrimination
among
providers,
but
you
just
heard
here
that
we're
talking
about
the
same
providers,
the
provider
is
already
there.
E
The
question
is
about
access,
not
about
economics,
we're
talking
about
two
infrastructure
companies,
companies
that
build
towers,
not
providers
and
the
federal
telecommunications
act
doesn't
protect
what
tillman
is
doing
here
and
it
certainly
doesn't
give
tillman
a
blank
check
to
put
a
tower
up
in
this
nice.
Ladies
neighborhood,
just
for
economic
purposes,
andy
said
one
thing
I
want
to
key
into
because
it's
the
core
of
what
we're
here
about.
E
E
Look,
I
believe
it
was
1997
1997..
I
have
seen
letters
from
that
time
frame,
but
I
don't
believe
there's
I
don't
believe
I
have
asked
for
or
seen
one
for
this
I
didn't
know
there
was
a
I
didn't
know
there
would
be
a
question
about
the
propriety
of
what
we
did.
I
would
suspect
that
this
or
some
very
similar
version
to
it
of
it
existed
before,
and
I
would
say
whether
or
not
the
planning
commission
hears
it
to
me
is
not
so
much
of
an
issue
for
my
client
and
for
montgomery.
E
I
just
want
the
right
thing
done
and
that's
the
zoning
ordinance
followed
and
there
to
be
a
public
hearing
and
due
consideration
being
given
to
whether
or
not
we
need
this
particular
cell
tower
and
according
to
the
federal
telecommunications
act,
which
should
not
make
anyone
run
scared.
There
just
needs
to
be
a
reasoned
decision,
a
reasonable
decision
to
deny
such
a
request
for
a
variance.
B
Further
questions
for
me,
I'm
happy
to
try
to
address
them.
Everybody
got
it.
Okay!
Thank
you.
Okay,
all
right.
Does
everybody
understand
the
okay,
I'm
gonna
repeat
the
issue
here
is:
do
we
affirm
what
planning
our
staff
has
done
or
do
we
reverse
their
decision,
which
then
the
petitioner
would
come
back,
follow
an
application
of
the
board
of
adjustments
for
us
to
hear
it
in
a
public
sector.