Planning Commission Minutes 2008 11 13

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Planning Commission Meeting Minutes NOVEMBER 13, 2008 Page 3 of6 building mounted CMRS in an AO zone district, which is the district this building falls in, is required to be processed as a Special Review Use. Staff reviewed the special review use by the SRU criteria found in LMC Section 17.40.100 and has determined that all five criteria have been met. Staff recommends approval with one condition Resolution No. 20, Series 2008. The condition is "The Special Review Use is granted to the applicant only." Loa moved and Pritchard seconded a motion to enter into public record a letter submitted by William Anderson of Moye/White. The letter was received by staff after the distribution of the meeting packets. Motion passed by voice vote. Commission Questions: Lipton inquired as the cooperation of the applicant regarding the requested screening. Wood stated the applicant has been very cooperative with all the requests from Staff. Applicant Presentation: Becky (unknown last name), a representative of the Moye/White law firm who is representing the applicant AT&T stated the applicant accepts the condition of approval. The letter from Moye/White also confirms compliance with the FCC rules regarding emissions. Questions of the applicants: Tengler asked if the public notice requirement had been expanded beyond the 500' requirement. The applicant's representative stated the area had not been expanded as it was not requested by City staff. Members of the Public: Robert Phillips, a tenant at 315 South Boulder Road stated he is not in opposition of the request but is concerned with the process and the fact that it had not been handled correctly from the beginning. He summarized LMC Section 17.42.600 (J) by stating that a letter of compliance is not efficient when the municipal code states an affidavit is required. Applicant Presentation and Commission Questions: Hartman asked if the City acted as a third part to the evaluation of the emission level. Wood stated the City does not. Russell asked if the application was in compliance with the requirements within the LMC Section 17.42.020. Wood stated that it is in compliance with those requirements. Lipton, Loa and Pritchard stated they had no questions.