PC 012611 - Laserfiche WebLink

Commissioner Blank stated that he wishes to be clear and certain about what the Commission’s options are. He inquired, should the Commission uphold the appeal tonight, if the Commission would then go back and deal with the merits of the application. Ms. Harryman replied that if the Planning Commission disagrees with the Director of Community Development’s interpretation and upholds the appeal, the application would be sent back to the Commission for processing and continue where it left off. Commissioner Blank inquired if this would preclude the Commission from requiring the tower to be moved. Ms. Harryman said no. She indicated that these things could be reviewed when the application comes back. Commissioner Blank expressed concern that the Verizon attorney’s letter indicates that the two microwave towers that the Commission did not like and had been removed were back on. He then requested clarification that if the Commission upholds the appeal, Verizon would not have to move the tower because upholding the appeal invalidates the 300-foot restriction. Ms. Harryman clarified that if the Commission upholds the appeal, it is saying that it disagrees with the Director of Community Development’s determination about the zoning, that there is no inconsistency with the zoning, and that the tower can be located at the proposed site. She indicated that it does not invalidate the 300-foot restriction. Commissioner Blank inquired what would occur if the Commission denies the appeal. Ms. Harryman replied that if the Commission denied the appeal, Mr. Lobaugh has the ability to appeal the decision up to the City Council. She continued that if the Council agrees with the Director of Community Development’s determination, it would deny the appeal and would end this application, which would be considered inconsistent with the zoning. She noted that Verizon could return with a different application. Commissioner Blank stated that it sounds like whether the Commission upholds or denies the appeal, Verizon could return with a new application with everything the same except that they could relocate the tower to the southernmost corner of the property, which is outside 40 feet. He inquired what the quantitative difference is between upholding the appeal or denying it. Ms. Harryman replied that there is a difference: if the appeal is denied, the applicant knows it cannot be located in the current application and must move it, apply for a zoning amendment to the wireless ordinance, relocate it, or propose other options; the current application, as stated, would be inconsistent and cannot be processed by staff. PLANNING COMMISSION MEETING MINUTES, January 26, 2011 Page 6 of 50