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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