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Planning Commission Minutes DRAFT September 23, 2004 Page 4 conditions of approval they did not recommend additional landscaping. Staff is not saying that the Commission has to approve 106 foot antenna but they have to make reasonable accommodations for the proposal. Regarding other antennas in Town, it was noted that they have not hied to regulate the hours of operation although it would be a possibility in this case which would constitute a reasonable accommodation. Steven Mattas, City Attorney, stated that what the law requires is that you look at each application with a view of reasonably accommodating the application. Commissioner Clow asked if a 40 foot antenna would be considered reasonable. Mr. Mattas felt the Commission should consider, based on all the information they have before them, coming to a reasonable accommodation. It would be premature to come to a decision based only on the staff report alone although a 40 foot antenna would be okay. Commissioner Kerns asked if they have ever allowed an antenna mass within a setback on properties. The Planning Director responded NO. There was one case where they required someone to remove an antenna from out of the setback. Commissioner Kerns noted that this antenna has elements on top of it that extend out a certain distance. Do the elements need to be out of the setback or is it only the mast that needs to be out of the setback? The Planning Director stated that if they view the antenna as a structure, it should not encroach into a setback at any point, even the antenna itself. It was noted that the height is known but they do not know how far the antennas extend. Commissioner Cottrell asked if there were any regulations relating to transmissions from an antenna that might interfere with someone's TV, etc. The Planning Director noted that FDC regulates those interference issues and there is an amateur radio association that helps monitor and attempt to resolve those conflicts. Steven Mattas noted that the standards of operation are regulated by Federal law. OPENED PUBLIC HEARING Jim Abraham, 12831 Viscaino Road, prepared a power point presentation covering the following subjects: building site; amateur radio operator for 39 years holding the highest license obtained in amateur radio; community service involvement; Town volunteer chairing and a member of many committees; amateur radio activities; reasons for antenna including emergency communication needs; description of the 89 foot tower with a 17 foot mast with attached antennas; safety considerations; wind loading capabilities of tower; antenna performance; no encroachment within setbacks; simulated pictures of the tower and antenna from different views of height; antenna height VHF/UHF ranges; view considerations for 12692 La Cresta Drive locating the antenna as far as possible to the southwest; retractable antenna; boom on the largest antenna is approximately 45 feet wide (20 feet by 40 feet long);. aerial view of the site; and indicating the proposed antenna location. He noted 20 years ago before the trees were removed, the view of the antenna would not have been an issue for Mr. Yu. He felt the complaints from neighbors regarding this project were unmerited. He further discussed his efforts to minimize the negative effects by locating the antenna to provide the least visual disturbance to the