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HomeMy WebLinkAboutTC Res 1995-06-07 .r- l J..- L 1- RESOLUTION NO. 3099 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIAll..Y UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S DECISION NOT TO EXTEND AN INTERIM CONDITIONAL USE PERMIT TO OPERATE A HAM RADIO STATION WITH TWO EXISTING ANTENNAS AT 223 DIVISO STREET, AND REMANDING THE PERMIT APPUCATION TO THE PLANNING COMMISSION FOR FURTHER CONSIDERATION (AP 59-131-07) WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town has received an application from Malcolm Misuraca and Victoria Brieant requesting a Conditional Use Permit to install antennas for amateur radio operation at 223 Diviso Street. Said application consists of File #19310. B. The Planning Commission held duly-noticed public hearings on November 9, 1994, April 12, 1995, and April 26, 1995, and has heard and considered testimony from interested persons. A complete record of these proceedings is contained in File #19310, maintained by the Town. C. On November 9, 1994, the Planning Commission adopted Resolution 94-24 which allowed the applicant interim use of a 31' high GAP Challenger antenna and an 11' high VHF antenna which had been erected on the site without benefit of a. permit. The permit also allowed the applicant to erect a proposed GAP Voyager antenna on a temporary basis in order for the Planning Commission to assess its visual impacts. This interim permit was set to expire by its own terms on April 15, 1995. D. On April 12, 1995, the Planning Commission decided to allow the interim permit granted by Resolution 94-24 to expire by its own terms on April 15, 1995. E. On April 24, 1995, the applicant filed an appeal of the Planning Commission's decision on April 12th to let the interim permit expire without taking any affirma- tive action to extend it. F. The Planning Commission considered the matter for the third and final time on TOWN COUNCIL RESOLUTION NO. 3099 6/7/95 r-. I " J- April 26, 1995. The Planning Commission found that the amendment of the application on April 12, 1995, requesting to erect a "dipole" antenna on a 30' mast and a 31' high GAP Challenger antenna, was a substantial change in the applica- tion not made at the behest of the Town. The Commission found that this was in essence a "new" project for which the applicant had not filed a new application. The previous application for a GAP Voyager antenna had been withdrawn by the applicant in his letter of April 12, 1995. G. On June 7, 1995, the Town Council considered the applicant's appeal of the Planning Commission's actions. The Town Council heard and considered testimo- ny from interested persons. A representative of the Planning Commission asked that a temporary use permit be granted to the applicant and that the project be remanded back to the Planning Commission for further hearing. H. The Town Council has found that the Planning Commission's actions resulted from limitations imposed by the Permit Streamlining Act, and not necessarily from the substantive aspects of the proposal. The Planning Commission has also clearly indicated its desire to continue working with the applicant on the project. I. The Town has concluded that the interference problems experienced by the Samgiss family are outside of the jurisdiction or scope of review for the Planning Commission. Section 2. Approval. NOW, TIIEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby uphold in part the appeal of the Planning Commission's actions, regarding Conditional Use Permit Application #19310, and remands the matter back to the Planning Commission for further consideration as follows: 1. An interim Conditional Use Permit is granted allowing the temporary use of a 31 foot high GAP Challenger high frequency vertical antenna and an 11' high Diamond X2200A VHF-UHF vertical antenna, by amateur radio stations KC6- VDR and KC6VGU at 223 Diviso Street. The GAP Challenger antenna shall be erected directly on the ground without any additional mast elements. 2. This interim Conditional Use Permit also allows the applicant to erect a "dipole" antenna consisting of a long 14 gauge wire, approximately 40 meters in length, in an inverted "V" position supported by a mast, not to exceed 30 feet in height above grade, for consideration by the Planning Commission. The purpose of this TOWN COUNCIL RESOLUTION NO. 3099 6/7/95 I'"' ~ J- ~ ~ temporary entitlement is to allow the applicant to evaluate the transmission characteristics and visual impacts of various dipole antenna configurations. The applicant is asked to keep a photographic log of various antenna configurations to provide the Planning Commission with information regarding aesthetic impacts. The Town may reconsider the 30 foot height limit for the dipole antenna if it is found to be inadequate to provide the applicant with reasonable conununications ability. 3. This interim permit shall expire on 8/14/95 unless an extension of time is granted by the Planning Commission. Upon expiration of the interim permit, the applicant shall either dismantle all antennas on the site or secure Planning Commission approval for the permanent use of the specific antennas. 4. The Conditional Use Permit application for the permanent use of a 30 foot high dipole antenna, a 31 foot high GAP Challenger high frequency vertical antenna and an 11' high Diamond X2200A VHF-UHF vertical antenna, is hereby remand- ed to the Planning Commission for further consideration. The decision of the Planning Commission will be final unless appealed to the Town Council. No new application or application fees shall be required. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on 1une 7, 1995 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNClLMEMBERS: Ginalski, Nygren, Thayer, Thompson, Wolf None None ANDREW lHO:':-~ TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK TOWN COUNCIL RESOLUTION NO. 3099 6/7/95