STANDARD APPLICATION

Harford o ntyoard of Appeals

Bel Air, Matyland 21014

~1~E EDHARFORD• TV

DEC 2 8 2015

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Information to be Submitted with Application1. A plot plan drawn to scale indicating all pertinent data.2. A list of all adjoining property owners with mailing addresses.3. Names and addresses of all persons having legal or equitable

interest in the property.4. All required supporting documentation or additional studies

as may be required; includingtraffic and environmentalstudies, etc.

NOTEAll applicants MUST schedule a pre-application meeting withthe Department of Planning and Zoning~j~to filing anyapplication to the Board of Appeals.

To schedule please call 410-638-3119.

CASE 5862 MAP 44 TYPE Variance and InteroretatignELEC11ON DISTRICT 06 TAX ID 06001718LOCATION 1605 Level Road. Havre de Grace 21078BYThe Chesaoeake Broadcasting Corporation.1000 Chesapeake Drive. Havre de Grace 21078Appealed because an extension and/orenlargementof anon-conforming use and structures pursuant to Section267-2 1 of the Harford County Code and p ruling!determination that guy wires and anchors are not subject to yardor setback requirements of Section 267-23 and 267-55B(1) and ifnecessaty a variance oursuantto Section267-55B(1~ Table 55-1 of the Harfoiti County Code from anyand all applicable setback and yard requirements in the RiDistnct requires approval by the Board.

Owner (please punt or type)

Name The Chesapeake Broadcasting Corporation1000 Chesapeake Drive

Adrfr~c~

StreetNumber Street

Delmarva Broadcasting Company Call attorneyCo-Applicant______________________________________________________ Phone Number_____________________________

2727 Shipley Road Wilmington DE 19810Address

StreetNumber Street City State Zip Code

Contract Purchaser.

Address__________

Phone Number

StreetNumber Street

Michael E. Leaf, EsquireCity State Zip Code

Attorney/Representative______________________

139 North Main Street, Suite 100AddressStreetNumber Street

Phone Number

Bel AirCity

410-938-8710

MDState

21014

Zip Code

Phone Number Call attorney

Have de GraceCity

MDState

21078

Zip Code

Rev. 7/10

Land Desoiiptlon

Address and Location of Property 1605 Level Road, Havre de Grace, MD 21078

Subdivision N/A V Lot Number N/A

Aoreage/LotSlze~8!53 ~ ~leotIon District . zoning TaxlD#. 06-001718

IaxMapNo.44 GrldNo,~2B V V V Parcel23 V Water/Sewer:P~vate _______ Public _______

List AU. structures on property and cun’ent use: Radio bredcasting studio, parking lot, driveway, radio transmitter

building, thxee radio antenna trausmision towers~

Estimated time required to present case: 2 hours V V V V

If tills Appeal Is In reference to a Building Permit, state number N/A

Would approval of this petition violate tho covenanis and restrictions foryour property? ~ No _!~_.

is this property located within the County’s Chesapeake Bay Critical Area? Yes_ No

if so, whatVis the CritloalArea Land Use tlestgnations:.VVVVV.VVV~VVVVVV. VVVV.VVV~V_VVVV V VVV..VV ...VVV~V.V..~VVVV~VVVVVV_V VVVVV VVVVVVVVVVVVV.VVVVVV. V V..V..V.VV.VV.. V. V V VVV V V V..

is this request the result of a zoning enforcement investigation? Yes— No:VVVVV~2z_VVV:V::ZEE:Z:::~:~.VV.

RequestSee athsched

Justlf~caticrnSee attached.

l/add/tfoualspaca Is noedo4 attach sheat to appllcatfoih In a!;swailngtho abova quostlons, please raforto 1/is RequIrements thatpan’s/u to (hotype ofapprova/requesi~ (Speclal&ceptlon, VaWe#c~ Gilt/ca/Area orNaturalResource OIsfilcl(NRD) ~danc~ et&~)

2

ATTACHMENT TO STANDARD APPLICATIONHARFORD COU1N4TY BOARD OF APPEALS

DELMARVA BROADCASTING COMPANY

Request No. 1. Board of Appeals’ authorization to extend and/or enlarge a non

conforming use and structures pursuant to Section 267-21.

Justification No. 1. Delmarva Broadcasting Company is the owner of local FM Radio

Station 103.7, WXCY. Delmarva and its predecessors have been transmitting commercial and

emergency broadcast signald from a radio broadcasting antenna on this site continuously since

approximately 1948, many years prior to the establishment of zoning in Harford County. In

order to reach its current listening market and serve the regional community, without undue

interruption in service, the height of the antenna must be increased and the taller antenna will

require longer guy wires which must be anchored in the ground. There are three antenna

structures on the site serving two radio stations, broadcasting both AM and FM frequencies.

Delmarva has determined it is necessary to increase the height of one of its radio broadcasting

antenna from 257 to 467 feet above ground level. FAA approval has been obtained. This

enlargement/extension will require replacement of the primary antenna tower and the guy wires.

Harford County has previously issued permits and recognized that the existing uses and

structures are valid, non-conforming uses and structures. The extension or enlargement will not

change to a less restricted or more intense uses, it is the same use. The enlargement or extension

does not exceed 50% of the gross square footage in use at the time of the creation of the non

conformity. The enlargement or extension does not violate the height or coverage regulations for

the district as there are no height limitations imposed on an antenna. (See Section 267-24A(2)).

The enlargement and extension will not adversely affect adjacent properties, traffic patterns or

the surrounding neighborhood. Consideration of the Limitations, Guides, and Standards will

1376792 1 1

support approval of the enlargement or extension and will not provide a basis for denial of this

authorization. Authorization of this increase in height is in the public interest.

Request No. 2. A ruling/determination that the guy wires and anchors are not subject to

any yard or setback requirements.

Justification No. 2. Section 267-23 imposes side and rear yard requirements and Section

267-55B(l) imposes minimum building or use setbacks from adjacent residential lots. The

property was first zoned R-l in 1957. The existing antenna, guy wires, and buildings are and

have been recognized as established non-conforming uses and structures. Therefore, the

structures are not subject to the current setback requirements. In the altemative, a yard is

measured from the setback line. Setback is defined as “unless otherwise provided, the line which

is the required minimum distance from the road right-of-way or any lot line that establishes the

area within which principal buildings or structures must be erected or placed”. (“Emphasis

added”) The anchors for the guy wires will be subterranean and ancillary to the antenna tower,

and, therefore, the anchors are not a principal building or structure which are subject to the

setback requirements.

Request No. 3. In the event that it is determined that the anchors are subject to the

setback and yard requirements, Applicants request variances pursuant to Section 267-11 from

any and all applicable setback and yard requirements including those imposed by Section 267-

23B and 267-55B(l).

Justification No. 3. The current proposal is to replace the central primary antenna with a

taller structure in the same location and to install three new guy wires and anchors outside of the

National Resources District. The existing guy wire anchors, some of which are located within

13767921 2

the Natural Resources District, will be abandoned in place in order to prevent any adverse impact

on the Natural Resource District.

The subject property is unique in its size, shape, location, elevation, and topographical

conditions. The literal enforcement of the Code would result in practical difficulty or

unreasonable hardship since the tower and antenna cannot be erected without placing the anchors

in the locations proposed by the design engineers. Since the anchors are subterranean, inert, and

unobtrusive, the guy wire and anchors’ location within the yard or setback area will not be

detrimental to adjacent properties and will not materially impair the purpose of the Code or the

public interest. The adjacent land uses to the north and the east are forested and the property to

the west is adjacent to a buffered industrial access road to a stone quarry. At ground level, no

nearby residential use will have a clear sight line to or view of the anchors. The existing anchors

already exist within the same side and rear yard setbacks and use setbacks. The proposed guy

wires and anchors will not present any greater impact than the existing conditions on site.

13767921 3

APPLICATION OF DELMARVA BROADCASTING COMPANY

List of Persons with Legal or Equitable Interest

OWNER/LANDLORD: THE CHESAPEAKE BROADCASTiNG CORPORATION

SHAREHOLDERS OF THE CHESAPEAKE BROADCASTING CORPORATION

Virginia Pate WetterJason D. Pate

Kennon Pate McKeeBarbara Pate GlacelChristopher W. PateJennifer W. GlacelCohn M. McKee

C. Alison PateSarah A. Glacel

Ashley V. Glacel

CONTRACT PURCHASERS/TENANT: DELMARVA BROADCASTiNG CORPORATION

SHAREHOLDERS OF THE DELMARVA BROADCASTING COMPANY:

Delmarva Broadcasting Company is solely owned by Steinman Stations, Inc. 100% of theshares of Steinman Stations, Inc. are owned by three Trusts. The grantor of the three Trustswas James Hale Steinman who died in 1962.

James Hale Steinman Residuary Trust F.B.O.:

Louise S. Ansberry - Hale A. Krasne, Diane A. Rahardja & Shane D. Zimmerman, Trustees.

Caroline S. Nunan - Caroline N. Hill, Louise N. Taylor & Shane D. Zimmerman, Trustees.

Beverly R. Steinman - Hale A. Krasne, Robert M. Krasne & Shane D. Zimmerman, Trustees.

MORTGAGE/DEED OF TRUST: NONE

ADDITIONAL TENANT: Imperial Broadcasting Company, LLC

~27Z7A’7 1

APPLICATION OF DELMARVA BROADCASTING COMPANY

List of Adjoining Property Owners

Name/Address

The Arundel CorporationVulcan Construct Materials, L.P.4401 N. Patterson AvenueWinston-Salem, NC 27105-163 8

The Arundel CorporationVulcan Construction Materials, L.P.P.O. Box 4239Winston-Salem, NC 27105-4239

Havre de Grace Ambulance Corps., Inc.Vulcan Construct Materials, L.P.4401 N. Patterson AvenueWinston-Salem, NC 27 105-0000

Day, Caroline M4406 Quaker Hills Ct.Havre de Grace, MD 21078-15 14

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LEASED TOHA\/RE DE eRACE AMEULANCE CORPS. NC.

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