10-10-1994 Council Packet - Laserfiche WebLink

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r Request for Oiuncil Actk>n continued page 3 of 3 July 21, 1994 Zoninf 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 Ccmunission conditioned approval on both David MacMillan and Whitney MacMillan executing Hold Harmless Agreements 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 iittcrprctttkm of past court actions may need to be revised or reconsidered As wc have agreement between all panies, staff has not asked the City Attorney to comment any further but Council may wish to direct the City Attorney to provide more cUrificatioa 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 Truchinski. 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 pressed subject to the City being released from all liabilities and granted the setback variance based on the fmding that if the tower was to be placed m a conforming setback at the higher elevations, this would exacerbate the visual impact of the tower. Opiiom of Action To adopt or amend the approval resolution as drafted by staff per the Planning Commission recommendation subject to the execution of Hold Harmless Agreements by Whitney MacMillan and Greg Truchinski 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 sind that he will be responsible for the complete r'^moval ot the stnicmre; or To deny the variance application and to grant a conditional use permit based or. uruemre meeting the required setback from all lot lines.