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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 Clark of toe pity o U ai game