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B. Applications for special use permits must meet the standards of Section 4-600 (2), A- <br />I. <br /> <br /> Staff provided an analysis of these criteria above and finds all have been met. <br /> <br />C. Wireless telecommunication towers/antenna may be constructed to a height that <br />exceeds the required setback up to 33%. As a condition of approval, the City must be <br />provided with a licensed professional engineer’s certification that the tower is <br />designed to collapse or fail within a distance or zone shorter than the required setback <br />distance as determined by the height of the structure or telecommunication tower. <br />The required setback is specified in Section 4-600 (2), A-B. <br /> <br /> Because the tower is an existing water tower, this standard isn’t applicable. For <br />information’s sake, the antenna will be constructed at a height of approximately 120’ <br />and the tower setback is 50’ from the south, east and northern property boundary and <br />90’ from the westerly boundary. <br /> <br />D. Certain telecommunication towers/antenna may be exempt from the setback <br />requirement of Section 4-600 (2) and instead subject to a 10’ setback by authorization <br />of the City Council and when all of the following criteria are met: <br />1. The tower/antenna is erected on a parcel zoned I-1 or I-2. <br />2. The tower/antenna is located in a side or rear yard. <br />3. The reduced setback is measured only from the I-35W right-of-way. <br />4. The applicant submits a fall zone letter stating that tower is engineered to fall <br />in a distance not impeding traffic on I-35W. <br /> <br /> This standard does not apply as a tower setback is not applicable being the antenna <br />will be mounted on an existing City water tower. <br /> <br />Staff finds all standards of Section 4-600 (4) to be met. <br /> <br />Lastly, Section 8-130 of the Zoning Code states that no special use shall be recommended by the <br />Planning Commission unless such shall find: <br />a. That the establishment, maintenance, or operations of the special use will not be <br />detrimental to or endanger the public health, safety, morals, comfort of the general <br />public. <br /> <br /> Staff finds this criterion is met. The water tower is located on a parcel zoned for <br />industrial uses and is surrounded on three sides by industrial uses. A multi-family <br />apartment complex exists to the west with the nearest non-garage structure nearly <br />200’ away. Further, the antenna will be mounted at a height where they are not <br />visible from the ground. Each apartment unit lying within 350’ of the property <br />received a notice of this request and as of the date of this report no comments have <br />been received. <br /> <br />b. That the special use will not be injurious to the use and enjoyment of other property <br />in the immediate vicinity for the purposes already permitted, nor substantially <br />diminish and impair property values within the neighborhood. <br />