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" City of Everett Planni,:g Commission <br />1iO1'' The Planning Commission Sub-committee on Amateur Radio <br />Antenae <br />o�ri <br />,�:�,��; � <br />March 2, 1971 <br />��..,� .. �.,�� ��.�����, ���._,�,�: <br />PLANNING COMMISSION SUE-CC'�]ITT�E ON HAM RADiO ANTENAE <br />Page 2 <br />part, "Any structure b�iilt for the support..,of..mechanical <br />devices..." �15.04.030-P, B-7), Conceivably then a height <br />restriction could be placed upon such a structure, not- <br />withstanding any court decisions to the contrary, <br />9. In his petition to have the injuction against his tower quashed, <br />Mr. Carp�nter cited many court cases which charact:rize <br />regular antenae accessory uses. In a court cas� cited by <br />surrounding property owners, a regular antenna was characterized <br />as not being an ac�es�ory use. The distinction between �vhat <br />is or is not an acc�ssory use in this case, it is apparently a <br />point of law and thus requires expert legal analysis. <br />10. Mr. Carpenter currently has a law suit p�ndinr in Superior <br />Court on this matter. The trial dat:e is D1arc1: 12, 1971. <br />The alternative courses of accion open to the Planning Commission <br />apparently are as fol].ows; <br />1. To change the zoninq code to: <br />(a) chanqe the height limitation in R-2 zones <br />(b) exempt amateur radio and antenae from height limitations <br />(c) specify amateur radio antenae as an accessory use and <br />permit unlimited heights on accessory uses. <br />2. To request ttie Board of Adjustment to review tdr. Carpenter's <br />petition and require future petit.ions for variance to be <br />evaluated on an individual merit. This alternative in eseence <br />means to take no action. <br />3. To await the Superior Court's decision to be rendered on or <br />after ldarch 12, 1971 and weigh its impact on future Boar� <br />of Adjustment or Planning Commissior. actions. <br />In light of the importance and signifig.ince of the law suit now pending <br />before its Superior Court, it is the recommendation of this sub-committee <br />that no action be taken on this matter until the decision is forthcoming <br />from that court. <br />P1rs. Beata Sei old, Chairman �; <br />Planning Commission Sub-Committee on ,, � <br />Amateur Radio Antenae � , � <br />(_i <br />