HomeMy WebLinkAboutReso - CC - 024-1989RESOLUTION NO. 24-8
RESOLUTION APPROVING SPECIAL PERMIT
RESOLVED, by the CITY COUNCIL of the City of Burlingame,
California that;
WHEREAS, Vernon Howard has applied for a special permit to
install an amateur radio antenna at 733 Plymouth Way, Burlingame,
and
WHEREAS, on September 8, 1987, the City Council denied the
special permit, primarily on the basis of aesthetics, finding that
the height and bulk of the antenna was inconsistent with the
character of the R-1 neighborhood in which it is located, and
WHEREAS, Mr. Howard responded by filing a lawsuit against the
City, alleging that the City's action was preempted by federal law
and making other claims, and
WHEREAS, on July 29, 1988, the Honorable Eugene Lynch issued
his decision in the case of Vernon Howard v. City of Burlingame,
U. S. District Court No. C-87-5329 and directed the City to
reconsider Mr. Howard's application in a manner consistent with
PRB-1 and the Court's opinion, and
WHEREAS, the City has explored the costs of hiring a
professional photographer, appraiser, and antenna expert to
present factual information in a public hearing, and
WHEREAS, the City has weighed the time and expense that would
be required to continue litigating this case against the City's
obligation to use its limited resources to provide a wide range of
goods and services to the entire community.
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this
City Council of the City of Burlingame that,
1. The special permit to an allow an amateur radio antenna
is granted.
2. The above special permit granted by this Council is
subject to those conditions set forth in Exhibit "A" attached
hereto.
&no�� I
MAYO
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame,
do hereby certify that the foregoing resolution was introduced at
a regular meeting of the City council held on the 22nd
day of February , 198 9 , and was adopted thereafter by
the following vote:
AYES:
COUNCILMEMBERS:
BARTON,
LEMBI, MANGINI
NOES:
COUNCILMEMBERS:
AMSTRUP,
PAGLIARO
ABSENT: COUNCILMEMBERS: NONE
V
DEPUTY CITYRK
CONDITIONS FOR SPECIAL PERMIT AT 733 PLYMOUTH WAY
The permit will contain the following terms:
1. The tower shall not extend to more than a maximum
extended height of fifty-one feet (511).
2. The permitted antenna is sixteen feet (16') by twenty-
four feet (241) with an eighteen foot (181) turning
radius and is mounted at the top of the tower.
3. The applicant shall lower the antenna to the retracted
height of twenty-one feet (211) by a motor driven device
or other appropriate means during periods in which the
antenna is not in use;
4. This special permit is not transferrable. If the
premises are sold or transferred, the applicant may
leave his antenna support on the premises but it shall
be subject to a height limitation of twenty-five feet
(25')•
EXHIBIT "A"
RECORDING REQUESTED BY
CITY CLERK
CITY OF BURLINGAME
501 PRIMROSE ROAD
BURNUIIGAME CA 94010
RESOLUTION NO 94-8
RESOLUTION APPROVING SPECIAL PERMIT
RESOLVED, by the CITY COUNCIL of the City of Burlingame,
California that;
WHEREAS, Vernon Howard has applied for a special permit to
install an amateur radio antenna at 733 Plymouth Way, Burlingame,
and
WHEREAS, on September 8, 1987, the City Council denied the
special permit, primarily on the basis of aesthetics, finding that
the height and bulk of the antenna was inconsistent with the
character of the R-1 neighborhood in which it is located, and
WHEREAS, Mr. Howard responded by filing a lawsuit against the
City, alleging that the City's action was preempted by federal law
and making other claims, and
WHEREAS, on July 29, 1988, the Honorable Eugene Lynch issued
his decision in the case of Vernon Howard v. CitV of Burlingame,
U. S. District Court No. C-87-5329 and directed the City to
reconsider Mr. Howard's application in a manner consistent with
PRB-1 and the Court's opinion, and
WHEREAS, the City has explored the costs of hiring a
professional photographer, appraiser, and antenna expert to
present factual information in a public hearing, and
WHEREAS, the City has weighed the time and expense that would
be required to continue litigating this case against the City's
obligation to use its limited resources to provide a wide range of
goods and services to the entire community.
NOW, THEREFORE, it is hereby RESOLVED and DETERMINED by this
City Council of the City of Burlingame that,
1. The special permit to an allow an amateur radio antenna
is granted.
2. The above special permit granted by this Council is
subject to those conditions set forth in Exhibit "A" attached
hereto.
:� otin,
MAYO
GC
O
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, �
do hereby certify that the foregoing resolution was introduced at O
a regular meeting of the City council held on the _ 22nd #J
day of _ February , 198 9 and was adopted thereafter by
the following vote:
AYES:
COUNCILMEMBERS:
BARTON,
LEMBI, MANGINI
NOES:
COUNCILMEMBERS:
AMSTRUP,
PAGLIARO
ABSENT: COUNCILMEMBERS: NONE
DEPUTY CITY CX1RRK
APN 029-171--060
Vernon & Dorothea Howard
CONDITIONS FOR SPECIAL PERMIT AT 733 PLYMOUTH WAY
The permit will contain the following terms:
1.
The tower shall not extend to more than a maximum
extended height of fifty-one feet (511).
2.
The permitted antenna is sixteen feet (161) by twenty-
four
feet (241) with an eighteen foot (181) turning
radius is
and mounted at the top of the tower.
3.
The applicant shall lower the antenna to the retracted
height of twenty-one feet
(211) by a motor driven device
or other appropriate means during periods in
which the
antenna is not in use;
4.
This special permit is not transferrable. If the
premises are sold or transferred, the applicant may
leave his
p
antenna support on the premises but it shall
be subject to a height limitation
of twenty-five feet
(25')•
N
EXHIBIT "Atl
89027301
RECOR_10 AT REQUEST OF
1W L
I hre, T'° y c,:�rffye tl;is to be a full, true
ceE c�rrscf ccpy of the docu!neni- it purports
to Eta, 'he ar€� rZol of which is On file in
my Oka.
it
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