HomeMy WebLinkAbout90-14RESOLUTION NO. 90-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING LAND USE PERMIT REQUEST LUP 90-2 & VARIANCE
REQUEST VAR 90-17 ALLOWING THE PLACEMENT OF A
RETRACTABLE AMATEUR RADIO ANTENNA TOWER
WITH A MAXIMUM HEIGHT OF 55 FEET
WHEREAS, Erlyn & Duane Madsen have requested approval of a Land Use Permit
for a retractable amateur radio antenna tower on a 1.5 acre site with an associated
Variance request to increase the maximum allowable height of the tower from 35 to 55
feet; and
WHEREAS. the subject site is located at 544 Highland Drive and is identified as
Assessor's Parcel Number 208-120-004; and
WHEREAS, the Town of Danville R-65; Single Family Residential District
Ordinance requires approval of a Land Use Permit for radio antenna towers; and
WHEREAS. the Planning Commission did review the project at a noticed public
hearing on March 13,1990; and
WHEREAS, the proper notice of this request was given in all respects as required
by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
approve the request; and
WHEREAS. the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission the Town of
Danville approves the Land Use Permit LUP 90-2 and Variance request VAR 90-17 per
the conditions contained herein, and makes the following findings in support of the
Land Use Permit & Variance requests:
The use will not be detrimental to the health, safety, and general welfare of the
Town.
o
The use will not adversely affect the orderly development of property within the
Town.
The use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
PAGE 1 OF RESOLUTION NO. 90-14
The use will not adversely affect the policies and goals as set forth by the
General Plan.
o
The use will not create a nuisance and/or enforcement problem within the
neighborhood.
6. The use will not encourage marginal development within the neighborhood.
NOW THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the
Town of Danville approves the Variance request VAR 90-17 per the conditions contained
herein, and makes the following findings in support of the Variance:
This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the R-65; Single Family Residential
District in which the subject property is located.
The location of the antenna on the subject property is situated among
mature trees which serve to screen the antenna from surrounding
properties.
b)
During non-use, the antenna will remain lowered to it's minimum height
of 21 feet. The antenna will only be used after dark.
This variance is in substantial conformance with the intent and purpose of the
R-65; Single Family Residential District in which the subject property is located
since the variance allows for the reasonable enjoyment of a single family
residence.
CONDITIONS OF APPROVAL:
The placement and size of the antenna shall be substantially as shown on the
project drawings labeled "Exhibit A", dated received by the Planning Department
on January 29, 1990, and the site plan labled "Exhibit C - staff study", on file with
the Planning Department, except as may be modified by conditions contained
herein.
Operation of the antenna shall be controlled so as not to create a nuisance to
surrounding property owners.
The antenna shall only be used after dark. During periods of non use, the
antenna shall be lowered to it's minimum height of 21 feet.
°
The antenna tower shall be painted a shade of green to blend in with the
surrounding vegetation. The final color of the tower shall be submitted for review
and approval by the Planning Department prior to use of the antenna.
5. The existing antenna located on the roof of the house shall be removed prior to
PAGE 2 OF RESOLUTION NO. 90-14
installation of the proposed radio antenna tower.
Prior to use of the proposed radio antenna tower, the applicant shall provide
subject documentation to the Town that Federal Communications Commission
apProval has been received for this use and the proposed radio frequency of the
radio transmitter.
Any expansion or modification in the use of the antenna shall be subject to
review under a separate Land Use Permit application.
At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with section 26-2.2022 of the Danville Zoning
Ordinance, including the continued violation of the terms, limitations, or
conditions of the permit after notice of the violation.
PASSED, APPROVED AND ADOPTED THIS 13th day of March,
vote:
1990 by the following
AYES:
Vilhauer, Hughes, Hunt, Frost
NOES:
ABSTENTION:
ABSENT:
Hendricks, Wright, Hirsch
Chairman
Chief of
APPROVED,.Ag;~I'O ~
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PAGE 3 OF RESOLUTION NO. 90-14