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Phi INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Jason E. Brown; County Administrator THROUGH: Phillip J. Matson, AICP; Community Development Director FROM: Ryan Sweeney; Chief, Current Development DATE: September 11, 2020 SUBJECT: Jacob Allenbaugh's Appeal of a Decision by the Planning and Zoning Commission that Construction of a Residence on Property at 6390 77th Street with a Legal Nonconforming 500' Tall Communications Tower is not allowed under County Regulations [98030058-86943] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 22, 2020. BACKGROUND Jacob Allenbaugh is a prospective buyer of property at 6390 77th Street owned by Vertical Bridge LANDCO, LLC (see location map, Attachment 1). The subject 17.8 acre property contains a 500 foot tall communications tower, also owned by Vertical Bridge. The property is zoned A-1, Agricultural District, up to 1 unit per 5 acres. In 2018, Mr. Allenbaugh contacted County staff requesting information on the development potential of the property, particularly for a residence. Staff responded in a letter dated 10/30/2018 (and with follow- up emails on 1/10/2019 and 1/30/2019) advising him that a residence could not be built on the property due to County regulations relating to the tower, as explained hereinafter. The tower on the property was approved for construction in 1990, in compliance with County land development regulations (LDRs) in effect at that time. In 1997, the County revised its LDRs to prohibit commercial communications towers 150 feet and taller in the A-1 zoning district. Because the structure was legal when constructed, but no longer meets County LDR requirements, the structure is now a "legal nonconformity" subject to the provisions of County Code Chapter 904. County Code Subsection 904.05(3) (see Attachment 3) provides that: ... [D]evelopment... of structures on property with site -related nonconform ities ... may be permitted provided that such additions... do not increase the degree of the existing site - related nonconformity. Since 1997, County Code Subsections 971.44(1)(d) and (g)1. (see Attachment 3) require that commercial communications towers 150 feet and taller satisfy the following criterion: 170