HomeMy WebLinkAbout09-18-2001HEARING EXAMINER MINUTES
SEPTEMBER 18, 2001
The meeting of the Auburn Hearing Examiner was held on September 18, 2001 at 7:00 ~m. in the Council
Chambers of the Auburn City Hall. Those in attendance were as follows: "~P !
HEARING EXAMINER: Diane L. VanDerbeek
STAFF: Lynn Rued and Patti Zook ·
Ms. VanDerbeek called the meeting to order at 7:00 p.m. explaining the order of procedures for the appeal
hearing and swore in staff and those in the audience intending on testifying.
APPEAL HEARING:
CASE NO. HAP01-0001
An appeal filed by Qwest Wireless appealing the Planning Director's decision that the maximum
height allowed for a wireless communication tower in the P-l, Public, zone is 45 feet.
Hearing Examiner opened appeal hearing.
Greg McCormick, Qwest Wireless, 450 110w Avenue Room 209, Bellevue, presented a letter from
Stephanie Boyett-Colgan, Qwest attorney, addressing the legal aspects of the proposal. He
submitted photographs of Game Farm Park showing ball field standards which are similiar in
height to the type in their request. There are number of existing structures in the P1 zone that are
high.
Hearing Examiner asked for the date of the letter and to whom it is addressed. Mr. McCormick
said the letter is dated September 18, 2001 and addressed to Paul Krauss. Hearing Examiner
noted for the record that the staff report and file are Exhibit #1, the September 18 letter is Exhibit
~2 and the photographs are Exhibit #3. She asked Qwest representative to provide copies of the
letter and photos to the City.
Assistant Planning Director Rued responded by saying that the City is not talking about site
specific issues. The issue is the interpretation of how to address the height of potential of towers
in the P1 zone, not just the site that initiated the interpretation. He is not sure the photographs are
relevant to the appeal. The Qwest letter submitted contains a number of court cases and the City
Attorney has not had a chance to review the letter. It is the City's position as stated in the staff
report that the City adopted new regulations in 1997 for wireless telecommunications facilities. He
was the primary author of the document. The issue is the chart, the box under the conditional use
permit column, referring to the Type 3B contained in the ordinance. He cited Zoning Ordinance
sections and paraphrased them in support of City's position. He reviewed the entire record which
was also provided to the Hearing Examiner, and there is no mention of discussions of intent to
allow 120 foot tall monopole in P1 zones. This would be a dramatic change in what is allowed in
these zones. Staff has concluded that the Type 3B in the chart is an inadvertent error and has
caused a conflict in the Zoning Ordinance.
Assistant Planning Director Rued requested that the record be kept open for the City Attorney
staff to review the Qwest letter. He cautioned that the City Attorney's office is short staffed and
will need at least four weeks to respond.
Hearing Examiner asked if appellant has any rebuttal. Mr. McCormick said this is not a site
specific issue, but arguments from staff is that it is an oversight. Light standards in P1 zone are
over 45 feet tall and are similar to monopoles. The City is saying the discrepancy is merely a
typing error when the ordinance was put together. However, code interpretation is not the way to
correct problems in the code and certain processes are to be observed. Qwest feels that their
proposal is clearly allowed.
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HEARING EXAMINER MINUTES
SEPTEMBER 18, 2001
Hearing Examiner indicated that she will allow the record to be open so that the City can respond
to the Qwest letter admitted into evidence. Assistant Planning Director Rued commented that
because of the staff shortage in the City Attorney office, backlog of issues, etc., that four weeks
would be necessary to respond to the Qwest letter. He cannot guarantee when the City Attorney
can review all the cases cited in the letter.
Rebecca Slick, Qwest Wireless, 450 110m Avenue, Room 209, Bellevue, is concerned about
leaving the record open. They have been trying to work with the City for a number of months with
little response. Mike Reynolds never responded to date and she is unsure he can even respond
in four weeks. She requested the record be left open for a shorter pedod of time.
Hearing Examiner indicated that in light of the number of cases cited in the Qwest letter, she will
leave the record open util October 15, 2001 and then issue her decision 10 days after that.
Ms. Slick wants an opportunity to respond to City Attorney comments. Headng Examiner said that
if Qwest wants to submit a rebuttal, then add one week to October 15 and then her decision will
be after that. She reiterated that record is left open until October 15 for the City to respond to
Qwest's September 18 letter, Qwest response by October 22 at 5:00 p.m., and then Hearing
Examiner will begin deliberations on October 23.
ADJOURNMENT:
With no further items to come before the Headng Examiner, the meeting was adjoumed at 7:20 p.m.
HE~AGND~NIIN09-2001
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