Agenda - Planning Commission - 10/04/2007

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Zoning Bulletin Applying this standard as well as precedent from similar case law, the appeals court concluded that the exercise of discretion applied here. The court noted that "providing advice [was] a discretionary act, because it involve[d] the judgment or discretion of the munici- pal employee...the facts in the instant case also required [the inspec- tor] to exercise his discretion in providing a response to Lemel's zoning question." The question required the inspector to apply the zoning code's rules and regulations to the specific lot involved; such action in- volved the exercise of judgment and discretion. As such, the appeals court agreed with the lower court's findiD.g that the. inspector's ac- tions were discretionary and, therefore, entitled to immunity. Finding no outstanding issues of material fact or incorrect ap- plications of law, the appeals court affirmed the decision of the lower court. See also: Kimps v. Hill, 200 Wis. 2d 1, 546 N. W.2d 151, 108 Ed. Law Rep. 930 (1996). Special Use Permit-Petition fqr 160-foot communications tower denied Proposed tower location was on small tract of land abutting residential area Citation: Alltel Communications, Inc. v. Davidson County, 2007 WL 2244281 (N.C. Ct. App.2007) NORTH CAROLINA (08/07/07)-Alltel Communications, Ine., applied to the board of commissioners for a special use permit to construct a 160-foot wireless telecommunication tower and facility in Davidson COU-Tlty. Alltel sought t9 construct the proposed tower on a O.86-acre tract of land located in a commercial zoning district. The land for the proposed construction was abutted by two prop- erties located in a rural agricultural zoning district. The county's zoning ordinance stated that wireless communication towers in non- residential zoning districts had to meet required setbacks unless a height limit variance was granted. The commissioners held a public. hearing on Alltel's application. At the hearing, Alltel amended its request and decreased the height of the proposed tower to 156 feet and 11 inches. Based on the set- back calculations set forth by the zoniLJ.g ordrnance, the applicable setbacks for the proposed tower would be 111 feet from the front property line, 61 feet from the side property lines, and 81 feet from the rear property line. Alltel decreased its height variance request in 10 44