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March 12, 2020 <br />Jacob Allenbaugh <br />7760 66' Avenue <br />Vero Beach, FL 32967 <br />23hondas a,gmail.com <br />INDIAN RIVER COUNTY <br />COMMUNITY DEVELOPMENT DEPARTMENT <br />1801 27th Street, Vero Beach FL 32960 <br />772-226-1237 / 772-978-1806 fax <br />www.ircgov.com <br />Re: Construction of a residence on property with a + 500' communications tower <br />(6390 77th Street, tax parcel no. 31-39-32-00000-5000-00018.1) <br />Dear Mr. Allenbaugh: <br />Concerning the subject property at 6390 77" Street, I am writing with reference to your zoning <br />verification request letter received 10/16/2018; staff's response letter dated 10/30/2018; and <br />staffs follow-up emails dated 1/10/2019 and 1/30/2019 (see attachments). <br />More specifically, I am writing to reaffirm county staffs position that construction of a <br />residence on the subject property, albeit outside of the 200' design fall radius of the tower, <br />would increase the degree of the existing site -related nonconformity (i.e., the tower) and <br />therefore is not allowed. <br />The tower on the property was approved for construction in 1990, in compliance with County <br />land development.regulations (LDRs) in effect at that time. In 1997, .the County revised its LDRs <br />to prohibit commercial cominunications towers 150 feet and taller in the A-1, agricultural zoning <br />district, which is the zoning of the subject property. Because the structure was legal when <br />constructed, but no longer meets County LDR requirements, the structure is now a "legal <br />nonconfonnity" subject to the provisions of County Code Chapter 904. <br />County Code Section 904.05(3) (attached) provides that: <br />... [D]evelopment... ofstructures on property with site -related nonconformities ... may be <br />permitted provided that such additions ... do not increase the degree of the existing site-. <br />related nonconformity. <br />Since 1997, County Code Subsections 971.44(1)(d) and (g)1. (attached) require that commercial <br />communications towers 150 feet and taller satisfy the following criterion: <br />...[T]he tower- is to be located a distance more than equal to three hundred (300) percent <br />of the tower height from the nearest residential dwelling (existing or under construction). <br />A distance of 1,500 feet (300% of the 500 foot tower height) measured from the base of the tower <br />covers the entire +17.8 acre property. As such, development of a residential dwelling on the same <br />property (owned/controlled by the same owner of the nonconformity) would increase the degree <br />197 <br />ATTACHMENT 6 <br />