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January 10, 2023 Agenda
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January 10, 2023 Agenda
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1/10/2022
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Planning and Zoning Commission <br />Minutes <br />October 11, 2022 <br />Mr. Paxton said let me ask it this way. Is thereanything missing in theirapplication that has <br />causedyouconcern? <br />Ms. Howell said as we do not give recommendationsto approve or decline,the check list was <br />checkedoff. <br />Personally, he can barely tell any difference in <br />these maps.But unfortunately,he is not a network coverage specialist. As strange as this case <br />feels to him, just strange,like we went some weird places. He does think thattheyhave met the <br />Ordinance. It is strange that the ordinance allows another tower so close,just a little bit higher. <br />But that is the game that the ordinance allows people to playunfortunately. <br />For the folks who are going to have to live nextto this thing, he hates that this is even allowable, <br />but he has to separate his personal feelings forthe decision we are being asked to make. In his <br />opinion they have met everything that theyhave beenrequired to meet and they had expert <br />testimony to answer all the questions that he had and that is where he is. <br />Mr. Rockett would second that.He said based on the evidence that was presented to us,it <br />appears to him that everything that is required to be met, has been met. All factors have been <br />considered that have to be consideredin his opinion,and therefore it appears to him that it does <br />meet,if not exceeds,the standards of the ordinance. <br />Ms. Nurse asked if it meets the coverage proof to build a new tower? Her concern is that we <br />have one and there is not that much difference. <br />The Chair does not think that we can put that into our decision or our discussion. <br />Ms. Nurse said is he supposed to prove that before we make a decisionor should we table it. <br />Mr.Rockett said it is a matter of meeting the ordinancemore so thanproving that one is better <br />the other.His opinion is if you believe it meets the ordinance, all the factors that are necessary <br />within the ordinance,thenwhether or not it drastically improves one particular neighborhoods <br />service or not is not necessary. <br />Mr. Goldberg saidto help maybe to frame this, it has been a while since we have done a Special <br />Use Permit. The first general requirementthat they have to meet is,must find that the use is not <br />detrimental to public health safety or generalwelfare. So, they need to have substantial <br />competent evidence to support thaton the record.The Board must find that the usesproposed <br />are appropriately located with respect to transportationfacilities,water supply, policeprotection, <br />fire,waste disposal,etc. The third factoris,the Board must find the uses as proposedwill not <br />violate neighborhood characternor adversely affect surroundinglanduses. The fourth factor is it <br />will comply with general plans forthephysical developmentof the County or Town as embodied <br />by the Zoning Ordinanceoranyarea plans that have been adopted. <br />38 <br /> <br />
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