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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" -1- 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: -2-