Agenda - Planning Commission - 12/04/1990

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CASE #: 2 REQUEST FOR A CONDITIONAL USE PERMIT FOR AN AMATEUR RADIO TOWER; CASE OF HOWARD ROHS AND JAMES MONSON By: Zoning Administrator Sylvia Frolik Background: Mr. James Monson has signed a purchase agreement with Howard Rohs for the property at 15705 Traprock Street N.W. The purchase agreement is contingent upon Mr. Monson obtaining a conditional use permit from the City to erect and maintain a HAM radio tower on the subject property. The radio tower is proposed to be 80 feet in height, to which either a vertical or horizontal type antenna is attached. A vertical antenna would be whip-like, similar to that of a car antenna, and would extend up to 20 feet in length. A horizontal antenna consists of a boom type fixture attached to the top of the tower with antennae extending from it. For the type of tower Mr. Monson is proposing, the boom would be limited to 24 feet in width. The tower would be located 5 to 20 feet from the home, either to the east (rear yard) or to the south (side yard) and would be visible above the home and trees. Mr. Monson has stated that the tower is proposed to be an all-aluminum structure with stainless steel fittings. Mr. Monson stated that he does inspect the fittings annually. The tower is proposed to be located approximately 8,000 feet from the end of the runway at Gateway North Industrial Airport. At the present time, the City does not have any zoning regulations or airport safety zoning in place to establish height limits. However, Gateway North Industrial Airport is open to the public and is recognized as part of the National Airport Systems Plan and is therefore subject to FAA regulations. Mr. Monson has filed a Notice of Proposed Construction with FAA in the event the conditional use permit from the City is approved. FAA will respond with a determination as to whether or not the tower constitutes an obstruction. If the proposed tower does not exceed FAA criteria, it is allowed to be constructed as proposed. If the tower proposed exceeds FAA criteria, it may be allowed for construction under certain conditions such as reduced height, marker lights, etc. In addition to the visibility of the tower, another concern is interruption of electrical reception in the area. Mr. Monson's radio tower will be subject to FCC licensing but such licensing does not guarantee the absence of electrical interference. In talking with a representative of FCC, I did find that experience has shown that electrical interference is more likely when area residents possess electrical equipment of a lesser quality or equipment that is improperly maintained. Another concern would be that in the event of a collapse, the tower structure would collapse entirely on-site and not present a danger to neighboring property and structures. I did talk with William Cross of the FCC office in Washington, D.C. and he indicated that requiring a tower setback from property lines equal to 30% of the tower height is sufficient. William Cross also explained something else to me. It seems in the mid-80's, there was a lot of concern with regard to 'aesthetic' ordinances local units of governments were adopting that among other things, virtually prohibited amateur radio towers. The FCC was requested to make a declaratory ruling. That ruling was released on September 19, 1985 (Docket PRB-1) and basically says that a local governing body must make a reasonable accommodation in determining how to regulate amateur antennas. These regulations must represent the minimum practical regulation to accomplish the local authorities legitimate purposes. Examples of legitimate purposes: placement, screening, and height based on health, safety or aesthetic considerations. Although not law, the courts generally give deference to rulings of Federal commissions.