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<br />. <br /> <br />. <br /> <br />Mr. Vaughan applied, on December 17, 1999, for a Building Permit to construct a new <br />tower on the site. On January 6,2000, staff denied the Building Permit application based <br />on zoning related issues. On December II, 2000 the City Council affirmed the Building <br />Official's denial of the building permit with the following findings; <br /> <br />I.) An application for a building permit was made by Dan Vaughan to reconstruct a new <br />700 foot antenna tower; and <br />2.) The proposed new tower is greater than 75 feet in height and serves as the principal <br />use on the property; and <br />3.) City staff denied the application based on staffs interpretation of City Ordinance 291; <br />and <br />4.) City staff correctly interpreted the Ordinance and the planning commission affirms <br />the denial. <br /> <br />Staff asked for and received confirmation from the State Building Codes & Standards <br />Division agreeing with the City's decision to declare the tower an unsafe structure (copy <br />enclosed.) <br /> <br />Snmmarv <br />Staff has declared the tower an unsafe structure based upon the following reasons; <br />1) The tower was originally designed without lI," radial ice and only three (3) antenna <br />groupings. <br />2) The safety ofthe tower has been compromised over the years with the addition of <br />numerous antenna groupings, (as many as 15), done without any of the required <br />amendments to the Special Use Permit or Building Permits. These additional <br />antennas have significantly decreased the safety of the tower. <br />3) The Tower, based upon engineering reports submitted from US West, and Mr. <br />Vaughan, shows that it does not meet the state building code. <br />4) Section 102 of the Uniform Building Code defines towers that are unable to sustain <br />the desigu loads that are specified in the UBe are hereby designated as unsafe. <br /> <br />Staff has denied the building permit application to build a 700-foot tower based upon the <br />following; <br />1) Ord.291-Sec.VI-3a. No antenna or tower shall exceed a height of seventy five ft.(75) <br />2) Ord.29l-Sec.VI-2. Antennas, satellite dish antennas and towers are allowed only as <br />special accessory uses. They are therefore allowed only on property containing a <br />principal use to which the antenna, dish antenna or tower is accessory. <br />3) Ord.291-Sec.XI-A.1. No building permit or other permit pertaining to the use ofland <br />or buildings shall be issued unless such building is designed and arranged to conform <br />to the provisions of this ordinance. <br /> <br />Conclusion <br /> <br />As staff sees the issue, the following options remain; <br /> <br />. I) Bring the Tower into compliance with City code, or if not possible, remove the <br />Tower. Staff understands the Tower cannot be reinforced, as this would only <br />