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HomeMy WebLinkAboutAppeal_PowerPointVerizon Cell-on-Wheels at Bryant Motors File LUA18-000405, TUP Appeal to Hearing Examiner Alex Morganroth, Associate Planner September 25, 2018 111 Meadow Ave N •CA, Commercial Arterial •Residentially-zoned properties located to east and north of site Project Site Tier 2 Temporary Use Permit Type II Land Use Permit –public notice required Administrative decision Evaluated under the following criteria: 1.The temporary use will not be materially detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the vicinity of the temporary use; and 2.Adequate parking facilities and vehicle ingress and egress are provided to serve the temporary use and any existing uses on the site; and 3.Hours of operation of the temporary use are specified, and would not adversely impact surrounding uses; and 4.The temporary use will not cause nuisance factors such as noise, light, or glare which adversely impact surrounding uses; and 5.If applicable, the applicant has obtained the required right-of-way use permit. Project Timeline Applicant requested a Temporary Use Permit for a cell-on-wheels (COW) structure in order to enhance coverage while permanent sites are being constructed. Original Temporary Use Permit (LUA17-000465) for Cell-on-Wheels (COW) issued on October 6, 2017 with expiration date of April 6, 2018 (six months) and possibility of 3 - month extension. 14 public comments received Conditions added requiring landscape screening and fencing in order to mitigate for the visual impact of the structure Condition also added requiring the applicant to submit land use applications for the three (3) planned permanent wireless communication facilities 3-month extension approved on April 6, 2018 with expiration date of July 6, 2018. During extension period, landscaping required as condition of original approval died and was not replaced. Project Timeline (cont’d) Applicant applied for new Temporary Use Permit (LUA18-000405) on June 13, 2018 to allow for COW to remain on site. Denial decision issued on July 17, 2018 due to both the applicant’s failure to comply with the screening condition and the volume of public comments received. COW has been operating for nine (9) weeks with no permit –no enforcement action taken after appeal filed. *Two land use applications (Conditional Use Permits) have been approved for permanent Verizon wireless facilities in the downtown area in March and April of 2018 –building permits have not been submitted by Verizon for either site. A third application is currently in review. Photo taken on June 12, 2018 by staff Site Photo