StaffReport_CU-2007-86.pdf
PLANNING DIVISION
CONDITIONAL USE PERMIT – ADMINISTRATIVE STAFF DECISION
AMATEUR RADIO TOWER
FileCU-2007-86:
FileCU-2007-86:
Application by Robert Preston for a new telescoping crank up amateur radio tower (Exhibits 2, 3 and 7).
The existing guyed tower (CU-1982-47) will be removed. The property is located at 809 Cary Road in
the Single Family Residential (RS-12) zone.
PropertyOwner/Applicant:
PropertyOwner/Applicant:
Robert Preston
809 Cary Road
Edmonds WA 98020
SiteLocation:
SiteLocation:
809 Cary Road in the Single Family Residential (RS-12)
zone (Exhibit 6 and see zoning map inset at right).
ProjectProposal:
ProjectProposal:
Site: 809 Cary Road
The applicant is requesting a Conditional Use Permit to
install an amateur radio antenna (as a replacement for the
existing radio antenna approved under CU-1982-47).
This new antenna is a telescoping crank-up model that is
to be located approximately 30 feet eastward of the
existing guyed tower.
ReviewProcess:
ReviewProcess:
This permit is processed as a Conditional Use Permit (staff decision) pursuant to ECDC 20.95.050 (Staff
Decision – Notice Required). The City has mailed notice to the surrounding property owners informing
them of the application for a new (replacement) amateur radio antenna.
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
MajorIssues:
MajorIssues:
Compliance with ECDC Section 16.20.030 (Single Family Development Standards).
Compliance with ECDC Section 16.20.050.E (Amateur Radio Antennas).
Compliance with ECDC Section 23 (Critical Areas).
Compliance with ECDC Section 20.05 (Conditional Use Permits).
Compliance with ECDC Section 20.95.050 (Application and Staff Review).
Compliance with the City of Edmonds Comprehensive Plan.
Analysis:
Analysis:
Facts:
A.
General
1.
The improvements are proposed on property with a single-family residential zoning designation
(RS-12) and is developed with a single family home that was built in 1881 according to the
Snohomish County Assessor’s records.
2.
The subject property is irregularly shaped (Exhibit 6) and contains 0.84 acres (approximately
36,590 square feet).
3.
The applicant received conditional use permit approval (CU-1982-47), however, since he
proposes to move and change the tower, a new conditional use permit is required.
4.
The existing tower is 12” in width and has two large masts protruding from the top. The
proposed tower has a 5’x5’x8’ base (Exhibit 3) and has the capability to crank-up to 72 feet in
height (when in use), however the applicant has expressed that he will keep the height limited to
59.9 feet (or 65 feet, per ECDC 16.20.050 if he desires to go through review by the State
Environmental Policy Act (SEPA).
5.
The proposed tower will be located about 25-30 feet eastward from the location of the existing
tower, remaining in line with the existing large mature tree.
6.
There are large evergreen hedges and other shrubs in the area, and the proposed antenna will have
little impact on the views of the neighbors.
Single Family Development Standards
7.
This property is located in the Single Family Residential (RS-12) zone.
8.
The area to the North, South, and East are also zoned Single-Family Residential (RS-12) and the
surrounding properties are developed with single-family homes. Puget Sound lies to the west.
9.
ECDC 16.20.010.D.3 allows amateur radio transmitting towers as a secondary use that requires a
Conditional Use Permit.
10.
The table on the next page shows the required (and proposed) setbacks for structures in the RS-12
zone.
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
RS-12
SideSideStreetRear
Zone
(North) (South) (East)(West)
Required
10 feet 10 feet 25 feet 25 feet
Setbacks
Existing
~ 140 feet ~ 25 feet ~ 106 ~ 140
Setbacks
Proposed
~ 140 feet ~ 25 feet ~ 76 feet ~ 170
Setbacks
11.
ECDC 16.20.050.B states that for accessory buildings, “Height shall be limited to 15 feet, except
for amateur radio transmitting antennas and their support structures.”
12.
The proposed tower height is 59.9 feet (under 60 feet).
13.
Amateur radio towers are regulated under ECDC 16.20.050.E.
Amateur Radio Antennas
14.
ECDC 16.20.050.E.2.b states that “A building permit shall be required to install an amateur radio
antenna.
15.
ECDC 16.20.050.E.2.c requires that antennas not be located within any required setback area and
requires that they be retracted in inclement weather posing a hazard to the antenna.
16.
ECDC 16.20.050.E.2.d requires that the maximum height of the antenna is 65 feet.
Critical Areas
17.
A Critical Areas Reconnaissance was preformed for the subject site under file CRA-2007-0151
and it was determined that there are critical areas (a steep slope) on or adjacent to the property.
The entire property is level – the bluff begins at or near the western property line.
18.
The subject property slopes down towards Puget Sound and the BNSF right-of-way along the
western property line away from the home. The slope is steep at approximately 40-100%
(Exhibit 6). Because the steep slope is on or adjacent to the property, a buffer of 50 feet, plus a
15-foot building setback is required per the Critical Areas ordinance found in ECDC 23.40 and
23.80.
19.
The existing tower is located approximately 140 feet from the west property line and from the top
of the slope.
20.
The proposed new tower location is further east, at approximately 170 feet from the west property
line and from the top of the slope.
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
Conditional Use Permits
21.
Condititonal Use Permit (CUP) approval for an amateur radio antenna is required for properties in
the single-family residential zone.
22.
ECDC 20.05.010 contains the review and approval criteria for Conditional Use Permits.
According to the aforementioned code section, “No Conditional Use Permit may be approved
unless all of the findings in this section can be made.” The findings are as follows:
That the proposed use is consistent with the Comprehensive Plan.
A.
A.
That the proposed use, and its location, is consistent with the purposes of the zoning ordinance and the purposes
B.
B.
of the zone district in which the use is to be located, and that the proposed use will meet all applicable
requirements of the zoning ordinance.
That the use, as approved or conditionally approved, will not be significantly detrimental to the public health,
C.
C.
safety and welfare, and to nearby private property or improvements unless the use is a public necessity.
The hearing examiner shall determine whether the conditional use permit shall run with the land or shall be
D.
D.
personal. If it runs with the land and the hearing examiner finds it in the public interest, the hearing examiner may
require that it be recorded in the form of a covenant with the Snohomish County auditor. The hearing examiner
may also determine whether the conditional use permit may or may not be used by a subsequent user of the same
property.
23.
A conditional use permit was approved under file CU-1982-47 for the existing tower.
24.
No public comments have been received, and no concerns of a detriment have been expressed.
Staff reels that this proposal is less detrimental (in the protection of views and in aesthetics) than
the existing approved tower.
25.
The Conditional Use Permit should not be transferable.
Comprehensive Plan
26.
The City of Edmonds Comprehensive Plan designates this property “Single Family – Resource.”
27.
The following Comprehensive Plan policies are applicable to this site and this proposal, taken
from the 2006 Comprehensive Plan, pages 53-54:
B. Goal. High quality residential development which is appropriate to the diverse lifestyle of Edmonds residents
should be maintained and promoted. The options available to the City to influence the quality of housing for all
citizens should be approached realistically in balancing economic and aesthetic considerations, in accordance
with the following policies:
B.2. Protect neighborhoods from incompatible additions to existing buildings that do not harmonize with
existing structures in the area.
B.3. Minimize encroachment of view of existing homes by new construction or additions to existing
structures.
B.6. Require that new residential development be compatible with the natural constraints of slopes, soils,
geology, vegetation, and drainage.
28.
The new tower is more harmonious than the originally approved tower, in that it is leaner and
telescoping (it will not be cranked up to its full height at all times).
29.
The applicant has taken care to make sure that the new tower is sited in the least obtrusive place
possible, in the line-of-sight with an existing tree.
30.
The tower is proposed further away from the steep slope than the existing tower.
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
B.Conclusions:
1.
This application is for a Conditional Use Permit for the purpose of installing an amateur radio
antenna at 809 Cary Road, and more particularly set forth in Exhibits 2 and 3. The antenna has
the potential to be cranked up to a maximum of 72 feet. However, the applicant has expressed
that the tower will be under 65 feet in height, specifically, 59.9 feet in height (under 60 feet).
2.
Section 16.20.010.D.3 of the Edmonds Community Development Code requires a Conditional
Use Permit for the installation of an amateur radio antenna.
3.
In order for a Conditional Use Permit to be granted, the criteria set forth in ECDC 20.05 must be
met.
4.
The proposed amateur radio antenna is compatible with the Single-Family Residential Zoning
designation.
5.
The proposed amateur radio antenna is compatible with the Single-Family Resource
Comprehensive Plan designation.
6.
Because of the location of the antenna near the big tree, because this tower is further away from
the steep slope, and because the tower is proposed under the 65-foot height limit, staff feels that
the proposal is not detrimental.
7.
A building permit required for the construction of the proposed amateur radio antenna.
8.
Tower must remain under 60 feet in height (at 59.9 feet) in order to be exempt from SEPA
review.
9.
Since the project complies with single-family development standards, the critical areas ordinance,
and the amateur radio antenna regulations found in ECDC 16.20.050.E, the Conditional Use
Permit should be approved with conditions.
10.
Staff sees no reason why this permit should be transferable to future property owners.
Environmental(SEPA)Review:
Environmental(SEPA)Review:
The proposal is for a tower that will remain under 60 feet in height (59.9 feet); therefore, review under the
State Environmental Policy Act (SEPA) is not required. Both the City and the applicant have complied
with SEPA requirements.
TechnicalReview:
TechnicalReview:
The proposed Conditional Use Permit has been reviewed and evaluated by the City’s Fire Department,
Engineering Division, Parks and Recreation Department, the Public Works Department, and the Building
Division. The Building Division has submitted a memo to the file (Exhibit 4). Specific information that
will need to be submitted with the building permit application is outlined. Any building permit submittal
questions should be addressed to a Development Services Permit Coordinator.
PublicComments:
PublicComments:
No public comments have been received.
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
n:
Decisio
Decision
Based on the facts, conclusions, and attachments to this report, staff finds that the application for a
APPROVED
Conditional Use Permit for an amateur radio antenna (file number CU-2007-86) is with the
following conditions:
1.
A building permit is required for construction of the new tower, and with the building permit
application submittal, the applicant shall provide the information requested in by the Building
Division in Exhibit 4.
2.
The maximum height of the tower shall be limited to 59.9 feet (under 60 feet). If the applicant wishes
to crank up the tower to 60-65 feet in height, then SEPA review is required under WAC 197-11-800.
Contact the Planning Division for information on the SEPA review process and the current fees).
3.
The applicant shall maintain the existing vegetation in its present manner and height. At no time shall
the applicant remove the existing vegetation so that it will visually impact the adjoining properties.
4.
Radio operation is limited to amateur use only.
5.
This Conditional Use Permit is not transferable.
Exhibits:
Exhibits:
1.
Staff Report (CU-2007-86)
2.
Land Use Application
3.
Criteria Statement and Tower Specifications
4.
Memo from the Building Division
5.
Site Plan
6.
LiDAR Map
7.
Photographs (by applicant)
8.
Resolution No. 1061
9.
Excerpt from original permit, file CU-1982-47
I have reviewed the application for compliance with the Edmonds Community Development Code.
______________________________________________________________________________
Gina Coccia, Planning Division Date
Exhibit 1
Staff Report
Staff Report for CU-2007-86
Amateur Radio Antenna
RequestsforReconsideration,Appeals,andExpiration:
RequestsforReconsideration,Appeals,andExpiration:
The following is a summary of the deadlines and procedures for filing reconsiderations and appeals. Any
person wishing to file or respond to a recommendation or appeal should contact the Planning Division for
further procedural information.
Request for Reconsideration – Section 20.95.050.B.2 allows for staff to reconsider their decision if a
written request is filed within ten (10) working days of the date of the posting of the notice of decision.
Appeals – Section 20.105.010.A describes how appeals of a staff decision or recommendation shall be
made. Appeals shall be made in writing, and shall include the decision being appealed along with the
name of the project applicant and the date of the decision, the name and address of the individual or group
appealing the decision, their interest in the matter, and reasons why the appellant believes the decision to
be wrong, and the fee. The appeal must be filed with the Community Development Director within
fourteen (14) calendar days after the date of the decision being appealed.
LapseofApproval:
LapseofApproval:
Section 20.05.020.C. states “Unless the owner obtains a building permit, or is no building permit is
required, substantially commences the use allowed within one year from the date of approval, the
conditional use permit shall expire and be null and void, unless the owner files an application for an
extension of time before the expiration date.”
Exhibit 1
Staff Report