IN THE MATTER OF THE

APPLICATION OF CUMULUS MEDIA, INC.

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:

:

WEST HANOVER TOWNSHIP

ZONING HEARING BOARD

DOCKET NO. 2003.06

 

 

DECISION DENYING VARIANCES FROM MAXIMUM PERMITTED HEIGHT

AND MINIMUM LOT AREA REQUIREMENTS

 

 

 

            Applicant has requested variances from the maximum permitted height requirement and the minimum lot area requirement. 

 

FINDINGS OF FACT

 

1.         The Applicant is Cumulus Media, Inc. of 2300 Vartan Way, Harrisburg, Pennsylvania 17110. 

2.         The owners of the subject property are Lawrence and Betty Hoffman of 1324 Piketown Road, Harrisburg, Pennsylvania 17112.

3.         The subject property is located at 7483 West Appalachian Trail, West Hanover Township.

4.         The tax parcel number for the subject property is 68-008-020.

5.         The subject property is located in the Conservation (C) District. 

6.         The Applicant is proposing to construct a one hundred and ninety-nine (199') foot high radio tower on the subject property.

7.         The subject property is approximately 1.28 acres in size.

8.         The Applicant acquired the radio station, identified as 92.1 WWKL, in 1999 and at the time of acquisition the radio station had a substandard facility with poor radio quality and an undesirable lease agreement. 

9.         In 2002, the Applicant invested approximately two hundred and fifty thousand ($250,000.00) dollars to improve the radio station's current facility.

10.       The Applicant's lease for the current facility is coming up for renewal and the Applicant desires to find another suitable facility so that it does not have to renew the lease for the current facility. 

11.       The Applicant desires to upgrade the radio station's facilities to a higher broadcasting standard and since the radio station is regulated by the Federal Communications Commission (“FCC”) the radio station’s facilities can only be relocated where the FCC permits the facilities to be located.

12.       The Applicant did a search and conducted engineering studies for a suitable location which resulted in a two (2) square mile search area located entirely within West Hanover Township.

13.       The subject property is the desirable property within the search area. 

14.       The proposed one hundred and ninety-nine (199') foot high radio tower is to be a freestanding, self-supporting tower with no guy wires.

15.       The Applicant submitted a letter at the time of the hearing from Central Tower which described the design criteria for the proposed tower and which concluded that in the event of a failure of the tower there would be a theoretical fall radius of less than forty-five (45%) percent of the height of the tower, or approximately ninety (90’) feet.

16.       The subject property is located adjacent to a property which is currently used as a fire station.

17.       The Applicant had previously negotiated with the fire company to locate the proposed tower on the fire company property but the negotiations were not concluded favorably to the Applicant.

18.       The Applicant's representative testified at the hearing that if the requested variances were not granted and the site is not approved there are no other options for relocating the existing radio station facility. 


CONCLUSIONS

 

1.         Section 195-19.A. provides that the height of a principal building in the Conservation (C) District is not to exceed thirty-five (35') feet and the proposed radio tower is to be one hundred and ninety-nine (199') feet in height.

2.         Section 195-19.B. provides that the minimum lot area in the Conservation (C) District is five (5) acres and the lot for the proposed radio tower is approximately 1.28 acres.

3.         Section 195-199 of the Zoning Ordinance and Section 910.2 of the Pennsylvania Municipalities Planning Code allow the Zoning Hearing Board to act on requests for variances and to grant such requests under certain conditions of hardship and may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of the Zoning Ordinance.

4.         There was no evidence submitted at the public hearing held on May 8, 2003 to establish any unique physical circumstances or conditions peculiar to the subject property which result in unnecessary hardship to the Applicant.

5.         The evidence submitted at the hearing tended to establish that any hardship to the Applicant is created by the requirements of the FCC for relocating radio station facilities generally and does not relate to any unique physical circumstances or conditions peculiar to the subject property specifically.

6.         Any alleged hardship related to the subject property would be from the circumstances or conditions generally created by the provisions of the Zoning Ordinance in the Conservation (C) District in which the subject property is located since the height of the proposed tower exceeds the maximum permitted height and the lot area does not comply with the minimum required lot area. 

7.         There was no evidence submitted at the time of the hearing to establish that there is no possibility that the property can be developed in strict conformity with the provisions of the Zoning Ordinance and that the authorization of a variance would be necessary to enable the reasonable use of the subject property.

8.         The proposed variances do not represent the least modification possible. 

 

DECISION

 

            In view of the foregoing findings and conclusions and in view of the evidence and testimony presented to the Zoning Hearing Board, the requested variances from Section 195-19.A. and Section 195-19.B. of the Zoning Ordinance are DENIED.

 

DATE:                                                                        WEST HANOVER TOWNSHIP ZONING                                                                                              HEARING BOARD                          

                                                                       

                                               

                                                                                                                                                                                                           

                                                                        Linda L. Turns

                                                                                               

                                                                                               

                                                                                                                                                                                                           

                                                                        George O. Kline

 

 

                                                                                                                                                                                                            

                                                                        Beth Carricato

 

 

                                                                                                                                                                                                           

                                                                        Norma J. Gruber

 

 

                                                                                                                                                                                                           

                                                                        Mary Ann Yahn