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BOA agenda 031317
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BOA agenda 031317
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3/13/2017
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BOA minutes 031317
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DRAFT <br /> <br />OC Board of Adjustment – 11/9/15 Page 146 of 156 <br /> <br /> 1 <br />Barry Katz: Well I propose that we submit Staff’s recommendation and approve that the Applicant 2 <br />has met this particular standard. 3 <br /> 4 <br />Samantha Cabe: Ok, and the Staff’s proposed finding is that there are currently no wireless 5 <br />telecommunication towers or alternative structures of sufficient height for co-location in search 6 <br />area, leaving no alternative to constructing a new tower. Is that the proposed finding? 7 <br /> 8 <br />Barry Katz: That’s the proposed finding. Ok. Sure, that is my proposed finding. 9 <br /> 10 <br />Motion made by Barry Katz to accept Staff’s recommendation and approve that the Applicant has 11 <br />met the burden under 5.10.8 (b) (1) (a) Seconded by Matt Hughes. 12 <br /> 13 <br />VOTE: Unanimous 14 <br /> 15 <br />Samantha Cabe: Same analysis under the next section. That the Applicant has met the burden of 16 <br />showing that its plan to build the tower is promoting and encouraging placement to minimize 17 <br />adverse aesthetic impacts. Staff’s proposed finding is that it will be under 200-feet and will be 18 <br />made of material intended to blend with the sky, will be located at the rear of the large property, 19 <br />it’s set back 1,000-feet from the adjacent public right of way, will be located on a densely wooded 20 <br />property, in a not densely populated area that is separated from large residential developments. 21 <br />The Opponent argues that we should find no in regard to that finding and is that in the same? 22 <br /> 23 <br />James Bryan: That’s in page 5. The first one. 24 <br /> 25 <br />Samantha Cabe: The Opponent proposes that the Applicant doesn’t utilize any stealth technology 26 <br />or camouflage techniques and cites the testimony of Ben Levitan on commercially practical use of 27 <br />alternative structures and technologies avoiding necessity for having to erect the tower. Is there 28 <br />any? 29 <br /> 30 <br />Barry Katz: Well we heard expert witness opposing Mr. Levitan’s observation for this particular 31 <br />site. Mr. Levitan made very good points but as we see, well, as was proposed by the Applicant, 32 <br />there really was no practical way aside from building this 199-foot tower. 33 <br /> 34 <br />Karen Barrows: Well I think we heard Mr. Gwen. We heard the expert. And we’ve heard neighbors 35 <br />that have said, aesthetically, they don’t think it’s positioned to minimize visibility. 36 <br /> 37 <br />Samantha Cabe: We did hear that the testimony how it is not aesthetically pleasing that will not be 38 <br />aesthetically pleasing we also heard testimony regarding the infeasibility of the stealth technology 39 <br />for this particular tower and the problems with the mono-pine, that it would look even worse. 40 <br /> 41 <br />Matt Hughes: I think it is what it is and they’re doing what’s possible given the specifications of the 42 <br />cell tower and how much you would possibly camouflage it. 43 <br /> 44 <br />Samantha Cabe: Let’s see if TowerCom addressed this in their… This is TowerCom’s sort of 45 <br />response but they didn’t address this one on theirs. Mr. Bryan, could you read the section of the 46 <br />Unified Development Ordinance to be 5.10.8 (b)(1)(b)? 47 <br /> 48 <br />James Bryan: Yes ma’am. Would you like the (B) and the (1) again for a refresher? 49 <br /> 50 <br />148
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