6427 BEVERLY LN 2016-01-01 MF Import

C17'Y OP I:VLRPTT - T30ARD OP All?USTMI�N'P llI;7'PRNtINA1'ION This matter comes before the '3oard of Adjustment as an appeal by James Davidson filecl DecemUer 22, 1�J70, ot tlir, City 13iiilding Inspector's determination to grant a building permit to I{en Carpcnter for a 72 foot IIam Hadio Antenna 'I'owcr at �427 Revcrly Lanc in thc City of Pvcrett, legall,y de�cribed as I.ot §5, T3everly ilills Division No. G(I3uilding Permit No. 12202 dated November 5, 1D70). The app�al of NIr. Davison is hereby incorporated by reference. danuary �}, 1071, was fixed as tlic date o( hcaring on said application and proper noticc �vas given as i•equired by iaw. PuUlic hearing was held on Januar,y 4, 1�71 and all iuterested parties werc hcard and all testimony and evidence was duly considered by the 13oard. 'Plic 13oard finds: That I.. �rickson, City ]3uilding Lispector, granted tlic permit aftcr discussions witli tlie Assistant Cit,y Attorney. 2. That Lak�rence Prickson concluded that the antenua was not a building within tlie terms of tlic ordinance and that lic had previously granted building permits for antennas in It-2 and other residential zones without regard to height limitntions and that he interpreted the residential height limits not to be applicable to Ilam towers used in conjunctiun with a radio hoUby, and incidental to residential use and tliat thc tower appeared to be safely constructed and witnin titc requirements of thc building codc. 3. That the property is in an R-2 Zonc. 4. That the appellants fecl aggricved by this dccision becausc it violates thc tcrms of tlie Codc, and the to�ver is unsightly and depreciates property v: lues in the vicinity. 5. That the pertinent sections of the Pverett "/.oniug Code arc; 15.04.0�0 I� 15.04.030 I3 (5) 15.04.030 ]3 (7) (22) 15.04.030 ]3 (32) 79iat it is the I3oard's intcrpretation of the aUovc pertinent sections of the Zoning Code, particularly Section 15. 04. 030 f_i (22;, that the City Zoning Code d��es not provide an exception for IIatn Ridio Antennas a�id that thc tcrms "chimneys and steeples" in 15.04. 030 13 (22) ai•e aestlietic architectural appendages and antennas are not, thus the code docs not providc any exception to lieight limitations ezcept as to such things as arc generically similar to chimneys and steeples which, in the Roard's interpretation, Ilam Radio Antennas are not. iQOW, TII�R�PORE, tlie 13oard ot Adjust�nent orders that t)ie City I3uilding Inspector's intcrpretation of the 7oning Code regar:]'_ng IIam Radio Antenna's is contrary to the intcrpretation of the Roard and issuance of the permit for a 72 toot hdm ar,tenna issued to Nlr. Carpenter dated November 5, lf)70 at 6427 Revcrly Lanc, City of P:verett was contrar}� to tl.e %oning Codc and the City of rverett aud the 13oard of Adjustment advises that the 13uilding lnspector should act ta revoke the said pertnit.