HomeMy WebLinkAboutCity Council Resolution 2601 RBSOLUTION NO: 2601
HIESOLUTION OF THE CTTY COUNCIL OF THE
CITY OF SARATOGA UPHOLDING A DECISION OF
THE pLANIIING COMMIJSION
WHEREAS, Bruce Sawyer, the applicant, has applied to the City of
Saratoga for a permit to install a free standing radio antenna, 65 feet in height, upon
property located at 15439 Bohlman Road, such application being identified as AR-89-
019, and
WHEREAS, on August 9, 1989, and August 23, 1989, the Planning
Commission of the City of Saratoga conducted a public hearing on said application,
and following the conclusion thereof, the Planning Commission denied the application;
and
WHEREAS, the applicant has appealed the decision of the Planning
Commission to the City Council; and
WHEREAS, on October 4, 1989, the City Council conducted a de novo
public hearing on the appeal, at which time any person interested in the matter was
given an opportunity to be heard; and
WHEREAS, the City Council reviewed and considered the staff reports,
minutes of proceedings conducted by the Planning Commission relating to said
application, and the written and oral evidence presented to the City Council in support
of and in opposition to the appeal,
NOW, THEREFORE, the City Council of the City of Saratoga, at its
meeting on October 4, 1989, by a vote of 5-0, did resolve as follows:
1. The appeal from the Planning Commission was denied and the
decision of the Planning Commission was affirmed.
2. The City Council agreed with the findings and determinations made
by the Planning Commission and the recommendation of the Planning
Department to deny the appeal, as set forth in the Staff Report to
the City Council dated October 4, 1989, which is incorporated herein
by reference. The City Council concluded that:
(a) By reason of the slope and topography of the site in relation to
the neighboring properties, the visual impact of a radio antenna
at a height of 65 feet could not be mitigated and constituted an
unreasonable intrusion upon the views of the uphill residents.
(b) Because of the absence of topographic or landscape screening, a
65 foot radio antenna would be visible from the valley floor and
would impair the scenic beauty of the hillsides.
(c) The applicant already enjoys access to the airwaves through his
use of the existing antennas on the property. "Reasonable"
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access does not mean a vested right to a 65 foot antenna where
such height will have substantial adverse visual impact upon the
surrounding properties because of the hillside terrain. A
balancing of interests in this particular situation would require
that the antenna height be reduced.
(d) The applicant has not shown any way to effectively mitigate
the visual impact of a 65 foot antenna. Although the applicant
has offered to reduce the maximum height of the antenna and
negotiate a "compromise" with the City, this alternative was
not proposed to or considered by the Planning Commission,
which is the proper authority to initially review any such
proposal. If the applicant desires to pursue this alternative, he
should reapply for a permit to install a radio antenna having a
reduced height and such application should be acted upon by the
Planning Commission.
The above and foregoing resolution was passed and adopted at a regular
meeting of the City Council of the City of Saratoga held on the 18th day of
October .~ , 1989, by the following vote:
A YES: Councils Andemson, Peterson, Stutzman and Mayor Clevenger
NOES: None
ABSENT: Counci~ Moyles
ABSTAIN:
ATTEST:
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