08-22-1994 Council Packet - Laserfiche WebLink

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1 ! Request for Council Action continued page 2 of 3 July 21, 1994 Zoning File #1913 I - Article Entitled "Antenna Height and Communications Effectiveness" J - Specifications - Universal Towers K - Neighbors’ Petition of Approval L - Appeals Before United States Courts of Appeals for the 8th Circuit M - David MacMillan Letter to Applicant Agreeing to 75 ’ Height N - Robert Mitchell Letter, Attorney for David MacMillan, 6/20/94 O - Covenant Not To Sue, David MacMillan P - Hold Harmless Agreement Whitney MacMillan Q - Staunton Memo 7/18/94 R - City Attorney ’s Drafts of Hold Harmless Agreements and Covenant S - Planning Commission Minutes 4/18/94 Description of Request Applicant lias installed an independent tower/antenna structure at an 85 ’ height without the benefit of a building permit and the required conditional use permit. The antenna, tower and base were installed by applicant. The strucmre was observed by the inspectors sometime in October of 1993. Applicant was advised of the need to apply for a conditional use permit. Review Exhibit E, it is both the applicant’s and owner’s preference to have the strucmre at the 75 ’ height approved at a 32’ setback requiring a setback variance. A copy of applicant’s amateur radio license has been submitted confirming the use as solely for private and hobby use. Applicant resides in residence on property as required by ordinance. The use is subordinate to or accessory to the principal residential use. The property is owned by Whitney MacMillan and Mr. MacMillan has signed the application as owner. Review Exhibits D. F and K, the property to the immediate east is owned by David MacMillan. Please note the petition was not been signed by David MacMillan. It is David MacMillan’s property to the immediate east that receives the most impact as strucmre would be located 32’ from his west lot line. Review Exhibits M and O, since the Planning Commission review, David MacMillan has submitted written confirmation that he would approve a maximum antenna height of 75 ’ at the present location. The applicant has advised that he would agree to altering the antenna to meet the 75 ’ height requested by David MacMillan. Mr. Truchinski ’s tower could be placed on the property meeting all required setbacks if it was moved to the higher elevations to the north and west. Placement of the strucmre on the higher elevations would have an increased visual impact on all surrounding properties. In fact, the more nothem location would have a greater impact on the David MacMillan property than it would in its present location.