PC MINS 19960910APPROVED
10/8/96
CITY OF RANCHO PALOS VERDES
PLANNING COMMISSION
REGULAR MEETING
SEPTEMBER 10, 1996
The meeting was called to order at 7 03 P M by Chairman Clark at the Hesse Park
Community Building, 2301 Hawthorne Blvd
FLAG SALUTE
Assistant City Attorney Craig Steele led the Pledge of Allegiance.
ROLL CALL
Present Commissioners Alberio, Cartwright, Franklin, Ng, Whiteneck, Vice
Chairman Vannorsdall, and Chairman Clark
Also present were Director of Planning, Building and Code Enforcement/Planning
Commission Secretary Petru, Assistant Planner de Freitas, and Assistant City Attorney
Steele
APPROVAL OF AGENDA
Before the motion to approve the agenda, Chairman Clark reminded the audience that
the Commissioners were all residents of the City who volunteered their time to hear
zoning cases He also requested that the audience show respect to all of the speakers
Commissioner Vannorsdall moved to approve the agenda as written. The motion
was seconded by Commissioner Ng and, there being no objection, it was so
ordered by Chairman Clark (7-0).
COMMUNICATIONS
Director/Secretary Petru distributed two items of late correspondence from residents
regarding Item No 3 and an excerpt section from the Development Code regarding the
Open Space Hazard (OH) zoning district
CONSENT CALENDAR
Minutes of July 23, 1996
Commissioner Vannorsdall moved to approve the minutes, as presented,
seconded by Commissioner Whiteneck. The motion was approved, (7-0).
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CONTINUED BUSINESS
2. Conditional Use Permit No. 185; Wayfarers Chapel, 5755 Palos Verdes
Drive South
Commissioner Alberio questioned why Staff recommended continuing this hearing to
another meeting.
Director/Secretary Petru responded that the request for continuance came from the
applicant, as they did not have the necessary information ready for the Commission.
Commissioner Franklin pointed out that he will be out of town until October 21, 1996,
which was the night before the meeting. This would leave him little time to prepare for
the meeting and he asked if the item might be further postponed.
Director/Secretary suggested that the item be continued to October 22, 1996, but that
Staff would then poll the Commission and the applicant about the possibility of
continuing the matter to a later date, since at least two Commissioners would not be
able to prepare for the item or attend this meeting.
Commissioner Whiteneck moved to continue the public hearing to October 22,
1996, with the possibility of continuing the matter to a later date, seconded by
Commissioner Franklin. As there was no objection, it was so ordered by
Chairman Clark (7-0).
PUBLIC HEARINGS
3. Minor Exception Permit No. 500 -Appeal; Peter Von Hagen, 30763 Tarapaca
Road (applicant), Rosalyn Stewart et.al (appellant).
Assistant Planner de Freitas presented the Staff Report, pointing out there are three
items that need to be considered in order to grant the permit: 1) the extent to which the
antenna structure interferes with the views within 500 feet of the subject property; 2) the
extent to which the antenna structure may devaluate the property values for the homes
in the area; and, 3) the degree to which in refusing the request would interfere with the
applicant's right to free speech.
Planning Commission Minutes
September 10,1996
Page 2
Chairman Clark asked if all of the Commissioners had visited the site when Mr Von
Hagen had his portable antenna erected All stated that they had visited the site during
the demonstration, except Commissioner Ng, who visited the site at a later date and felt
comfortable in dealing with the matter without seeing the portable antenna
Commissioner Alberio asked Staff if there was a possibility of placing the antenna on
another location on the property.
Director/Secretary Petru responded that, at the request of one of the Commissioners,
Staff had analyzed an area midway down the slope behind the subject residence as a
potential alternative location for the antenna However, Staff initial findings were that
this would not be a good alternative location due to the steepness of the slope, the only
level area on the slope was probably a bench drain, the geology on this portion of the
lot may not support such a structure and the zoning on this portion of the lot was Open
Space Hazard
Vice Chairman Vannorsdall moved to open the public hearing. The motion was
seconded by Commissioner Alberio and, there being no objection, it was so
ordered by Chairman Clark (7-0).
Mr. Peter Von Hagen, 30763 Tarapaca Road (applicant), presented slides for the
Commission showing various utility poles, wires, and vegetation throughout the tract
Mr. Von Hagen concluded that his proposed antenna would not be out of place in this
neighborhood due to the presence of these other features
Commissioner Cartwright questioned why the applicant felt he needed an antenna at
the proposed specific height and asked if it could possibly be lowered
Mr Von Hagen responded that the antenna would need to be at the proposed height
for optimum usage. A tower that was higher would have a wider range, but the cost of
such an antenna would be prohibitive A tower that was lower would not have the
power and range he desired. Mr. Von Haven stressed that the tower he was proposing
was no different than five or six towers that already existed in the City, and is a
standard tower for amateur radio usage.
Chairman Clark responded that there were five towers existing that the City that had
been approved through a Minor Exception Permit application and that none of these
were as tall as the height that Mr Von Hagen was requesting
Planning Commission Minutes
September 10, 1996
Page 3
Mr Von Hagen agreed, but pointed out that those antennas were located near the top
of the Peninsula where reception was better He also noted that there were an
additional forty existing antennas over thirty feet in height in the City that were installed
prior to the City's incorporation
Commissioner Ng noted that in Mr Von Hagen's letter he stated the system could be
cranked down if there were an emergency situation. She wondered if he would have to
be called by the City or the Fire Department in order for the system to be lowered, and
if there would be occasions where he wouldn't be home and the tower would remain up
in an emergency situation.
Mr Von Hagen responded that the Fire Department and Sheriff Department would call
him directly if there was a need for the tower to be lowered He stated that he would
prefer to crank the antenna down when he would be away from home for an extended
period
Commissioner Ng asked Mr Von Hagen if he was willing to compromise and lower the
height of the tower
Mr Von Hagen responded that the proposed height was the lowest height that would
be acceptable to him
A discussion followed between Commissioner Franklin and Mr Von Hagen regarding
wave lengths, tower heights and angles of radiation
Commissioner Cartwright asked Staff if there was a requirement that the Fire
Department also review and approve the antenna before final approval was given by
the City
Director/Secretary Petru responded that when Staff made the initial decision on this
project, a condition was placed on the project requiring a written determination from the
Los Angeles County Fire Department regarding the necessity of a warning light at the
top of the tower prior to issuance of a building permit.
Commissioner Cartwright asked Mr Von Hagen if he would have any objections, if the
project were approved, to a condition stating that the antenna could not be used for
commercial purposes
Mr Von Hagen assured the Commission that he was strictly an amateur ham radio
operator, that there would be absolutely no commercial use of the antenna, and that he
would not object to such a condition
Planning Commission Minutes
September 10, 1996
Page 4
Chairman Clark asked for input from Staff and the Assistant City Attorney regarding the
applicability of the tract CC&R's with respect to this case
Director/Secretary Petru answered that CC&R's were a private contract between the
individual homeowners and the homeowners association Since the City was not a
party to that contract, it does not have any jurisdiction in enforcing or interpreting
CC&R's Therefore, as a general rule, the City does not consider them in making
decisions on planning projects
Assistant City Attorney Steele added that any action the Planning Commission took
was an action pursuant to the Municipal Code, and that the Commission would not be
passing judgment on the existence or applicability of the tract CC&R's
Mr. Paul Brugara, 21515 Hawthorne Boulevard, Torrance, attorney representing Mr
Von Hagen, stated that he felt Staffs decision to allow the construction of the antenna
was correct as the antenna would be in full compliance with the Code Therefore, he
felt that the Commission should deny the appeal and uphold the Staffs decision
Mr. Chris Davis, 130 Via Xanthe, Newport Beach, stated he had been a real estate
appraiser for 30 years and taught real estate land economics and land appraisal at the
University of California at Irvine He further stated that in 30 years he had never run
across any literature which discussed the diminution of property values as a result of a
radio antenna tower He felt that there were so many other variables to consider in
determining market value for a property that it was impossible to prove that a decrease
in value was the result of an antenna tower
Vice Chairman Vannorsdall asked if Mr Davis felt that putting an antenna on the
subject property would lower the saleability, as opposed to value, of the surrounding
properties
Mr Davis responded that, in his opinion, a tower on the subject property would not
affect the saleability of any adjacent property
Mr. Dale Hanks, 5225 Middlecrest Road, explained to the Commission that he was the
County'd designated emergency radio officer for Rancho Palos Verdes area He
indicated that he reported to the Los Angeles County Disaster Communications
Service, with the main headquarters at the Lomita Sheriffs Station Mr Hanks
indicated that the main job of the Disaster Communications Service was to provide
emergency back-up service to the City during an emergency when telephone service
was down He stated that Mr Von Hagen had been very supportive of their operation
and the location of his proposed antenna would be very beneficial to their operation
Planning Commission Minutes
September 10, 1996
Page 5
Commissioner Ng asked if the antenna needed to be 105 feet high in order to be
helpful and effective to their organization.
Mr Hanks answered that they could probably get by with a shorter height antenna, but
he didn't know what that height would be
Mr. John Hamm, 30642 Palos Verdes Drive East, stated his opinion that the residence
which Mr Von Hagen had recently purchased on Tarapaca Road was in disrepair He
indicated that Mr Von Hagen had plans to remodel and improve the appearance of the
residence, which Mr Hamm felt would increase the surrounding property values He
felt that the neighboring residents should not make an issue of the proposed antenna in
light of the improvements that Mr Von Hagen was going to make to the property
Vice Chairman Vannorsdall asked where Mr Hamm's house was in relation to Mr Von
Hagen's house
Mr Hamm responded he lived above Mr Von Hagen and looked down at his roof
Mr. Bannister Bray, 52 Shady Vista Road, Rolling Hills Estates, explained to the
Commission that he was part of the Navy's emergency preparedness team at the Naval
Weapons Station in Seal Beach. One of his responsibilities was to provide on and off
site long range communications for the Navy, City governments, and the civilian
population as a whole He explained that in the event of a major earthquake, the Palos
Verdes Peninsula would probably not have phone service for close to a month and the
Navy could not offer their communications services in such an event. The residents of
the Peninsula would be dependent on the services of amateur radio operators, such as
Mr Von Hagen in this sort of situation
Commissioner Ng asked Mr Bray how high of a tower would be necessary to
communicate across the county
Mr Bray answered that the Navy had towers on the Peninsula that ranged between 55
to 58 feet in height that could communicate across the county
Chairman Clark asked Mr Bray if he was representing the Navy, in an official capacity,
in terms of supporting this particular ham radio antenna.
Mr Bray responded that he had no official order from a commanding officer, but his
office was in favor of private citizens operating and maintaining antennas like the one
proposed by Mr Von Hagen since they took some of the burden off of his department
during emergency situations
Planning Commission Minutes
September 10, 1996
Page 6
Roslyn Stewart, 22500 Hawthorne Blvd #2120, Torrance, representing the appellants,
began her presentation by stating that the Commission must focus on the primary
issue, which was not where the antenna should be placed, but whether the antenna
should be allowed Ms Stewart summarized the specific language of the Development
Code in regards to granting Minor Exception Permits and concluded her summary by
stating the burden of proof was on the applicant, not on the appellants, with regards to
these criteria. She went on to state that the Code required the Commission to look at
the adverse affect the proposed antenna would have on property values The
appellants spoke with a licensed real estate appraiser who stated that, historically,
properties that had view impediments or were located near large antenna structures
had market values that were measurably lower than properties that were similar, but did
not have these impediments She noted that properties in these situations were also
more difficult and took longer to sell Ms Stewart also the opinions of real estates
agents that had been contacted by the appellants One broker was quoted as saying
that there was no question that the proposed tower would significantly damage the
neighbor's property value, as well as their view This broker concluded that the
neighbor would, in his opinion, experience a decline in property value of approximately
forty five to sixty five thousand dollars Finally, Ms Stewart said the Code stated that
freedom of speech needed to be considered in this decision She quoted from a court
case which found that it was legal for a City to limit the height of an amateur radio
operator's antennas in a residential neighborhood and that conditioning a permit in this
manner would not infringe on an individual's free speech rights In conclusion, Ms
Stewart asked that the appellant's $940 appeal fee be waived
Chairman Clark responded to Ms Stewart's last request by explaining that the Planning
Commission neither sets the level of the fees nor has the authority to waive the fees
That jurisdiction was held solely by the City Council However, Mr Clark noted that the
Planning Commission can make a recommendation with the respect to waiver or non -
waiver of fees to the City Council
Ms Stewart then requested that the Planning Commission make a recommendation to
the City Council that the appeal fee be waived in this case
Commissioner Ng asked Ms Stewart if it would be acceptable to the appellants if the
tower were lowered in height.
Ms Stewart responded that the appellant's position was that no tower be allowed at all
She noted that a lower tower would still impair the view and would still have a negative
impact on the surrounding properties
Planning Commission Minutes
September 10, 1996
Page 7
Commissioner Cartwright asked Ms. Stewart which of the properties in the
neighborhood she felt would be most impacted in terms of view impairment, if the
antenna tower was approved, as proposed
Ms Stewart felt that the properties immediately next door to the subject property would
be most impacted These properties were the Hewett's home at 30760 Tarapaca Road
and the Jordan's home at 30759 Tarapaca Road.
Mr. John Jordan, 30759 Tarapaca Road, discussed the negative impacts of the
proposed antenna on his property in regards to view loss and loss in property value
He pointed out that the view from the master bedroom did not have any utility poles or
wires currently obstructing his view He asked the Planning Commission to remember
that the applicant was asking for an exception to the current City Code which would
negatively impact many people for the sake of a personal hobby.
Commissioner Cartwright stated that the Code included provisions stating that the view
must be taken from the primary viewing area of the property. He asked Mr. Jordan if he
felt the view from his master bedroom would be considered his best and most viewing
area
After a clarifying question from Chairman Clark, Mr. Jordan responded to
Commissioner Cartwright's question by stating that he considered the primary viewing
area on his property to be from the pool courtyard
Commissioner Cartwright then asked Mr Jordan if the location of the antenna was
moved to the south side (behind) the applicant's house, which was at a slightly lower
elevation that the proposed location, would that minimize his concerns at all.
Mr. Jordan felt that as the antenna was visible from his property, the impact would be
the same.
Commissioner Ng asked if Mr Jordan would be willing to compromise with a lower
height antenna tower.
Mr Jordan responded that he was willing to accept what the Code allowed by right (30
foot maximum), but that a tower higher than what the Code allowed by right would not
be acceptable
Chairman Clark asked Staff to explain what the Code defines as a primary viewing area
and how it would apply in this particular case
Planning Commission Minutes
September 10, 1996
Page 8
Director/Secretary Petru answered that the primary viewing area as defined in the
Height Variation Guidelines, which state that the area must be located within the
primary residence and must be in a room that is used as a primary living area, such as
the living room, dining room, or family room However, she noted that If the view was
only available from the master bedroom, then this room would then be considered as
the primary viewing area Ms. Petru indicated that in this particular case, there were
views available from other areas of the residence that were more heavily weighted as
primary viewing areas. Staff felt the primary viewing area in this case was in the living
room. Because the original proposed location of the tower would have been right in the
middle of the view available from the living room, Staff had required the antenna be
relocated so as not to be visible from this room of the house
Mr Jordan clarified for Staff that the room in question was the family room, not the
living room, since the living room had no view at all
Commissioner Cartwright asked Mr Jordan if, when the proposed extension to the
applicants house was built, would he still have the same view, or would some of it be
blocked
Mr. Jordan responded that there will be some view blockage from the approved
addition, but that he realized that Mr Von Hagen had a right under the Code to
construct an addition that did not exceed 16 feet in height
Mr. John Hewitt, 30760 Tarapaca Road, stated that his property sat at a higher
elevation than Mr. Von Hagen's and Mr. Jordan's property, so his view was not as
impacted by the proposed project as Mr. Jordan's view. However, several years ago
Mr Hewitt spent his own money to get the utility poles put underground on his property,
the applicant's property and the vacant lot located to the south of his property for the
very purpose of getting rid of the unsightly poles and wires that cluttered the area and
obstructed the views. Mr Hewitt stated that he did not want to see the tower approved,
since it would be another obstruction in the area
Mr. Keith Reynolds, 30745 Tarapaca Road, felt that the major issue to be considered
was that the applicant was asking for an exception to the Code, and that the proposed
project was going to have an adverse impact on a large portion of the surrounding
neighborhood He was also concerned about helicopters from the Fire Department
crashing into the antenna tower if they were required to fly low into the canyon in order
to fight brush fires, which they had been required to do in the past.
Planning Commission Minutes
September 10, 1996
Page 9
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Mr. James Jones, 2747 Vista Mesa Drive, addressed the Commission about U S
Tower Corporation, the makers of the proposed tower Mr Jones stated that he held a
degree in mechanical engineering and that, in his opinion, U.S. Tower does not have a
spotless reputation when it comes to the safety since he was aware of a recent case
where one of their towers had collapsed Mr Jones added that there were several
earlier cases where similar towers had failed
Commissioner Cartwright asked if the towers that had problems were similar to the
proposed tower
Mr. Jones responded that he did not have the actual documentation with him, but his
recollection was that they were similar In the recent case that he was aware of, the
failure occurred through operator error and there was no safety device built into the
antenna to prevent the from collapsing into itself in an uncontrolled manner. Mr Jones
also pointed out that his neighbor was a ham radio operator who communicated with to
Germany with a twenty foot wide, three pole antenna that was mounted only five feet
above his roof
Mr. Philip Dunlop, 2845 San Ramon Drive, stated that he was the president of the San
Ramon Homeowners Association and that he was representing the homeowners of his
neighborhood He wanted to point out that, while there was no view obstruction
Involved from his property, there was view impairment for the other homeowners in his
area.
Commissioner Cartwright asked how far Mr Dunlop's home was from the proposed
tower.
Mr. Dunlop responded that he had not measured the distance, but estimated it to be
approximately 900 feet away
Chairman Clark asked if Mr. Dunlop was representing all 36 homeowners in his area in
terms of the position he presented.
Mr Dunlop declared that he represented all of the homeowners within the association,
and that there was universal agreement within his community
Ms. Judith Webb, 2821 Calle Aventura, stated that she was the president of the EI
Prado Homeowners Association and had notified all 127 homeowners in her area about
the proposed antenna and asking them for funds to help with the appeal to the
Planning Commission. She stated that Mr Hamm was the only person who responded
negatively to her request, and that everyone else responded in a positive manner Her
feeling was that the tower was an inappropriate use and structure for the neighborhood.
Planning Commission Minutes
September 10, 1996
Page 10
Ms Webb showed the Commission a picture she had taken of a Fire Department
helicopter fighting a fire in the neighborhood The photograph indicated that the
helicopter was flying at an extremely low elevation in the canyon
Mr. Lincoln Haynes, 2821 Calle Aventura, indicated that he wanted to reiterate that
there were many people that would be adversely impacted by one person's request to
pursue a hobby
Ms. Marilyn Clissold, 2702 San Ramon Drive, expressed her displeasure with the
proposed project and her agreement with the statement that had been previously made
by her neighbors
Mr. Louis McCreight, 2763 San Ramon Drive, stated that he was the past president of
the San Ramon Homeowners Association and that he supported the residents
opposing the proposed antenna
Ms. Sara Dokter, 2700 San Ramon Drive, stated that her property overlooks Mr Von
Hagen's home She stated that when the portable tower was erected there was a
definite view impact from her property She felt that, if the antenna was approved, it
would constitute an unnecessary luxury at the expense of many
Ms. Lois Larue, 31136 Barkentine Road, stated her objections to the project.
Mr. Robert Glidden, 30621 Tarapaca Road, stated that, while he did not live within the
500 foot notification radius, he was there to show his support for the neighbors in the
area. He also noted that had a general class ham radio operators license
Ms. Beverly Ackerson, 27129 Springcreek Road, told the Commission that the existing
trees, flowers and bushes were all compatible with the neighborhood, but that the
proposed antenna tower was not, since it was a metal object. She also wondered if
undergrounding utilities throughout the community was a goal of the City's in the future
Vice Chairman Vannorsdall asked Staff if it was a City policy and goal to eventually
underground all utilities
Director/Secretary Petru responded that one of the goals identified in the General Plan
was to underground utilities where feasible She noted that the City had placed the
utilities underground on two major arterial roadways (Hawthorne Blvd and Silver Spur
Road) using outside funding sources However, she noted that in order to underground
the utilities within individual tracts, the homeowners initiate these project themselves
and must agree to the establishment of an assessment district to cover the costs of
such a project.
Planning Commission Minutes
September 10, 1996
Page 11
Mr. Jonathan Stewart, 2903 Vista Del Mar, pointed out to the Commission that nothing
in the City Code required the Commission to weigh the benefit the tower would provide
to the Community in the event of an emergency Mr Stewart felt that this aspect of the
project should not be taken into consideration by the Commission in making its
decision.
Chairman Clark then offered a limited amount of time to the applicant and appellant for
rebuttal to the comments made thus far in the proceedings
Mr. Von Hagen, in rebuttal, began by reiterating that he has no intention of using his
tower for commercial purposes In regards to the structural integrity of the towers
manufactured by U S Tower Company, Mr Von Hagen indicated that he had extreme
confidence in their products and safety record He commented that Staff was
absolutely correct in their analysis of the potential views impacts and that the Code was
very clear on what criteria should be used in evaluation his request He felt that he was
not asking for anything out of the ordinary, that what he was asking for was clearly
allowed by the Code and his application was in full compliance with the Code
requirements.
Ms. Roslyn Stewart, in rebuttal, responded that a 107 foot high antenna was totally out
of the ordinary for this particular area of the City, and that it would stand out in the
neighborhood She felt there was adequate evidence presented to the Commission to
substantiate that the tower would result in a depreciation in property values in the area
and that the structure would impair the views of the homeowners in the area.
Commissioner Ng made a motion to close the public hearing and seconded by
Commissioner Franklin. There being no objection, closure of the public hearing
was so ordered by Chairman Clark.
Chairman Clark asked Assistant City Attorney Steele for his guidance with regards to
the FCC Regulations and it's implications in terms of the decision to be made by the
Planning Commission
Assistant City Attorney Steele replied that there were several FCC issues that were
involved in this particular case Regarding the issue of radio or television interference,
he stated that this was regulated by the FCC and was completely outside of the City's
jurisdiction With regards to the public health issue associated with electromagnetic
fields, he noted that this was also outside the City's jurisdiction and was a Federal
issue. The major issue that comes into play in this context was preemption of State
and local zoning regulations Mr Steele stated that there was a 1985 FCC order that,
in part, preempts State and local zoning regulation of amateur radio antennas. The
point that he wanted to emphasize to the Commission was that, as the members arrived
Planning Commission Minutes
September 10, 1996
Page 12
at their decision, the Federal regulations did have a significant impact on the City's
ability to control this particular use He wanted to make clear that he was not telling the
Commission that Federal regulations force the City to approve this type of use
However, the Federal regulations do indicate that the Commission must make its
decision based on substantial evidence in the record and that whatever the
Commission decides was the minimum practical regulation that reasonably
accommodates amateur radio communications. Mr. Steele went on to indicate that the
Code allowed for a 30 foot high antenna by right, and that if the amateur radio operator
needed height in excess of that limit to reasonably accommodate their operation, the
Ordinance allows for the issuance of a Minor Exception Permit In that way there was
some discretion involved, as well as an ability to condition the project. Mr Steele
stated that the Code did recognize that there was a Federal interest in allowing
amateur radio communications
Chairman Clark asked if Staff had any additional comments or input prior to the
Commission beginning its deliberations on the appeal
Director/Secretary Petru stated that Staff had no further comments at that time
Chairman Clark proposed that each Commissioner provide a summary of their
impressions of the appeal at this time, beginning with Commissioner Franklin.
Commissioner Franklin asked Assistant City Attorney Steele if the Commissioners
could receive in writing the information he discussed regarding the FCC regulations. In
light of the City's policy to underground utility poles, Mr. Franklin did not feel that it was
a good analogy to compare the proposed tower to the utility poles in the neighborhood.
He felt the available alternatives would all result in a win/loose situation
Commissioner Ng was concerned with the loss in property values She also felt the
height of the tower was inconsistent with the development patterns of the area and
would create an industrial appearance in the neighborhood
Commissioner Whiteneck did not feel qualified to speak about the height of the
antenna, as it was a technical matter He felt there was room for argument on both
sides of the issue and many aspects of the project that he would like time to review
further He was in favor of continuing the issue to a later date
Commissioner Cartwright indicated that he could also see merit to both sides of the
issue He also felt he needed more time to consider the situation.
Planning Commission Minutes
September 10, 1996
Page 13
Commissioner Alberio stated that he hoped the applicant and the neighbors could
reach some sort of compromise. He felt that if the public hearing was continued, this
may give the parties adequate time to meet and come to such a compromise.
Vice Chairman Vannorsdall felt the height of the antenna tower was not an issue at that
point for him. Instead, property values and view impacts were the priorities. He stated
that he would also like a continuance of this item to a later date.
Chairman Clark complemented the speakers on both sides and the audience for their
patience. He felt that, at this point, a compromise may be nearly impossible. He also
pointed out that this was the first time since 1990 that the Planning Commission had
been asked to deal with the issue of a ham radio antenna over 30 feet in height. Mr.
Clark noted that this was a very difficult decision for the Commission to make in light of
the Code language and the Federal preemptions.
Chairman Clark made a motion to continue the Public Hearing to the next regular
meeting, subject to the following direction to the Staff: 1) that the Commission
be provided with written input from the City Attorney's office with respect to the
FCC Regulations discussed that evening; 2) that the next Staff Report contain a
more complete expose on the other Minor Exception Permit Appeals heard by the
Planning Commission in the past; and, 3) that the appellant and the applicant get
together to see if they can work out a compromise or solution. The motion was
seconded by Vice Chairman Vannorsdall.
Director/Secretary Petru suggested that since the Commission had requested that
additional material be prepared by Staff and more than two weeks is generally required
to arrange and conduct a meeting like the one suggested by the Commission, Staff
recommended that the public hearing be continued by an additional meeting to October
8, 1996.
Chairman Clark and Vice Chairman Vannorsdall felt that Staffs request was
reasonable and amended their motion to reflect the revised date of continuance.
The motion was approved by roll call vote, (7-0).
ITEMS TO BE PLACED ON FUTURE AGENDAS
Staff
4. Pre-Agenda for the Regular Planning Commission meeting of Tuesday,
September 24, 1996.
Planning Commission Minutes
September 10,1996
Page 14
0 •
Director/Secretary Petru noted that in addition to the items listed on the pre-agenda,
Staff intended to bring the new Height Modification Permit Guidelines to the
Commission for consideration at the next meeting.
Commission
None
COMMENTS FROM THE AUDIENCE
None
ADJOURNMENT
Commissioner Whiteneck moved to adjourn the meeting to Tuesday, September
24, 1996 at 7:00 P.M., seconded by Commissioner Ng. The motion passed
unanimously.
The meeting was duly adjourned at 12:20 a.m.
N:IGROUPIPLANNINGIPCMIN\96MIN9.10
Planning Commission Minutes
September 10,1996
Page 15