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435 Mr. Brandes indicated that he had discussed this matter with the members of the Board of Adjustment. He added that he could not make the necessary findings to grant a variance and expressed great concern about establishing a precedent regarding the installation of satellite dishes. Mr. Mercer declared the public hearing open on the appeal. Mr. Wayne Johnson, 6289 Garner Court, made a correction that his satellite dish is 12 feet and not 14'10" as stated in the staff report. He then handed the Councilmembers some papers, including a letter from the Satellite Broadcasting and Communication of America, which oversees and protects the individual rights of satellite dish owners. He added that there is federal case law which prohibits local governments from discriminating against satellite dishes. Mr. Mercer asked Mr. Johnson if he were aware of any opposition from his neighbors and if he is willing to abide by the conditions of approval set forth by the Board of Adjustment. Mr. Johnson answered that he first became aware of complaints from neighbors at the Board of Adjustment meeting of September 27, 1989, and the neighbors are concerned about the noise when the dish moves. He contended that his satellite dish does not block anyone's television reception and that he could go through the expense of having a sound engineer do a dB reading, if required. He questioned the Board of Adjustment's authority to set height standards for satellite dishes and stated that he could not lower the dish by 10 feet since that would make the dish totally useless. Ms. Judy Johnson, 6289 Garner Court, inquired if any precedent had been set by the satellite dish at West Las Positas behind Lucky's Food Store or the one on the property at Inglewood Drive off Hopyard Road, both of which are clearly visible from the City streets. Mr. Mercer indicated that the satellite dish on West Las Positas was originally installed on the rooftop. This was brought to the City Council, and the Council, the Planning Commission and the applicant agreed to take it down and put it where it is now. He added that he is not aware of the one at Inglewood Drive. With regard to starting a precedent, he explained that each situation is unique, and Council considers each on its own merits. Mr. Denny Pace, 6297 Garner Court, adjacent to Mr. Johnson's property, handed some pictures to the Councilmembers. He indicated that the satellite dish is three feet, not 7 feet, from his property line. He requested the City to require Mr. Johnson to screen the dish completely from the view of his neighbors as it has decreased the aesthetic appearance and property value of his neighbors' properties. -6- 10-31-89