08-22-1994 Council Packet - Laserfiche WebLink

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Request for Council Action continued page 3 of 3 July 21. 1994 Zoning File #1913 The Planning Commission did not have the benefit of David MacMillan’s final comments and agreement to approve the present location. The Planning Commission conditioned approval on both David MacMillan and Whitney MacMillan executing Hold Harmless Agreement^ releasing the City of any liability should the structure collapse and result in physical damage to the properties. David MacMillan’s attorney in his letter to the City (Exhibit N) suggests that the City’s ordinances and its interpretation of past court actions may need to be revised or reconsidered. As we have agreement between all parties, staff has not asked the City Attorney to comment any further but Council may wish to direct the City Attorney to provide more clarification on this issue. Review Exhibits Q and R, Mr. Staunton has amended the forms of the Covenant Not To Sue and the Hold Harmless Agreement to be executed by David MacMillan, Whitney MacMillan and now, Greg Truchmski. Copies of the amended exhibits have been sent to the applicant and property owners. Review Exhibit S, the Planning Commission unanimously approved the application as proposed subject to the City being released from all liabilities and granted the setback variance based on the finding that if the tower was to be placed in a conforming setback at the higher elevations this would exacerbate the visual impact of the tower. Options of Action To adopt or amend the approval resolution as drafted by staff per the Planning Commission recoi^endation subject to the execution of Hold Harmless Agreements by Whitney MacMillan and Greg Truchmski and a Covenant Not To Sue by David MacMillan. Conditional use permit specifically notes that permit will expire at the time Mr. Truchinski no longer resides on the property and that he will be responsible for the complete removal of the strucmre; or To deny the variance application and to grant a conditional use permit based on structure meeting the required setback from all lot lines. >-.r