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<br />. <br /> <br />. <br /> <br />. <br /> <br />Memo to City CouncillZC 99-5 & CU 99-26 <br />July 19, 1999 <br />Page 4 <br /> <br />Planning Commission Action <br /> <br />Zone Change <br />The Planning Commission, at its June 22, 1999 meeting, recommended unanimously <br />that the Council approve the Zone Change to Antennae Overlay. <br /> <br />Conditional Use Permit <br />The Planning Commission, at its June 22, 1999 meeting recommended unanimously <br />that the Council approve the Conditional Use Permit with the following conditions: <br /> <br />1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND <br />REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL. <br />2. THAT THE APPLICANT APPLY FOR A VARIANCE TO TOWER HEIGHT AND <br />SETBACKS. <br /> <br />City Council Recommendation <br /> <br />Zone Change <br />The request for a zone change to Antenna Overlay district meets the three criteria <br />established in the ordinance. Staff recommends that the Council approve the request, <br />ZC 99-5. <br /> <br />Conditional Use Permit <br />Staff recommends that the City Council approve the request, CU 99-26 with one <br />condition: <br /> <br />1. THE PROPOSED STRUCTURE COMPLY WITH THE BUILDING CODE AND <br />REQUIREMENTS OF THE CITY'S BUILDING OFFICIAL. <br /> <br />Section 900.34.13 of the Zoning Code states that when a nonconformity is created by <br />an amendment to the ordinance, the right to continue as a nonconformity is preserved, <br />therefore granting a variance is not necessary. There are no modifications proposed to <br />the tower at this time. If, in the future, the applicant wishes to modifiy the tower in some <br />way, a variance request would be appropriate. <br />