01-18-1994 Planning Packet - Laserfiche WebLink

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I Zoning File #1894 January 10, 1994 Page 2 some time in October 1993. The applicant was advised of the need to apply for a conditional use permit. The City is also asked to approved a substandard setback of 25’. Tlie code would require an 85’ setback as tower plus three attached antennas total 85’ in height, review Exhibit G. Applicant has submitted a copy of his amateur radio license confirming that use is solely for private or hobby use and not for commercial. Applicant resides in residence on property as required by ordinance. The use is subordinate to or accessoiy to the principal residential use. The property is owned by Whitney MacMillan. Please note Mr. MacMillan has signed the application. The rights of the amateur radio operator are well defined under the regulations of the Federal Communications Commission. The courts allow local eovemmental units to create W- reasonable and safe guidelines for the installations of these strucmres but in no way can a governmental unit deny the individual the right to install an antenna structure if all pertinent standards of the regulations have been satisfied. Review Exhibits E and F, the survey submitted by applicant is not current. If applicant proceeds with application, he must provide an updated survey retlecting new north and west boundaries. Review Exhibit D, the property to the immediate east is owned by David MacMillan (structure is 25’ from east lot line). Other contiguous properties are not owned by Mr. MacMillan. The City cannot approve the 25’ setback based on the required setback set forth in the zoning code. This is not a question of a visual or aesthetic burden upon adjacent property owners but a matter of protection of private property. The setback is established so that if the structure was to collapse it would create no impact on an adjacent property as structure would fall within the defined boundaries of the property. If the City is to approve a conditional use pennit for applicant, the structure must be relocated so to meet the 85’ setback from all lot lines of the property. A subdivision of a lot line rearrangement between the David MacMillan and Whitney MacMillan properties may be a consideration. Applicant should be asked to determine how he wishes to proceed. Applicant’s options are as follows: 1.Table application to provide applicant time to submit an updated and amended survey relocating struemre within 2 acre rural property; or Table application so that a subdivision of a lot line rearrangement can be filed providing the additional area so that antenna structure conforms to the setback standards of the ordinance.