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Zoning File #1355 November 15, 1988 Page 2 of 3 In approximately 1985-86, the FCC ruled that local authorities could not discriminate between satellite dishes and antenna installations. The City issues building permits for satellite dishes considered accessory structures. Local authorities may regulate to insure the safety and welfare of the public. It appears that the standards set forth in our zoning code would deal with matters of public safety. It also assures that a business use could not be made as it is a conditional use under the residential zoning, considered accessory to the principal use. The structure meets the required setbacks for a 60' antenna. Does the Planning Commission feel that there are other considerations dealing with public safety that have not yet been addressed? Existing trees and the placement adjacent to the house will provide screening for the single antenna structure. Are there other conditions that should be considered regarding the visual impact of the tower on the neighborhood? Staff has asked the applicant to confirm that the private covenants of this subdivision allow such a structure. Mr. Wessels has confirmed that the covenants would not prohibit the antenna structure. Staff Recommendation - To approve a conditional use permit application for Kenneth J. Wessels for the property located at 1245 Woodhi l l Avenue, that would permit the installation of a free standing, 60' high antenna for a private/hobby use based on the following findings: 1. Proposed antenna structure meets the required setback from all property lines. 2. The visual impact of the antenna structure is lessened by the adjacent house etructurc- and existing mature trees. 3. The anren:,a structure, while not in use, will be lowered to the tree levels, thereby lessening the impact upon the adjacent residential properties. 4. A licensed engineer has certified structural soundness per specifications for installation of the free-standing antenna. Approval is subject to the following conditions: 1. A building permit will be issued for the installation of the antenna structure upon the City's issuing a Certificate of Occupancy for the principal residence. 2. Per specification sheets submitted with application, the City will ask that anti -climb sections be installed to prevent other persons from entering the property and climbing the 60' structure. 3. Applicant is advised that when planning for the utilities to serve the residence, the utilities be installed away from the proposed antenna site.