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SEP 17 '98 13��iS �'R NLI FIELD CWS/RE 2(i6 633 2888 TO FRALEY/STRICKER P.SO/13 <br />28. ThP nature of cellular activity necessitates that height be acnieved in order <br />Eo provide the intended service. The subject property was seleded in <br />arder to make the maximum use of the existing dense buffer of evergreen <br />trees in the area, while being a location that would be an effective area for <br />a cellular cell for the transmission of signals. (Exhibit i, Huni testimony) <br />25. The requested variance will not be detrimental to the properties in !he <br />an�a or to tF�e City as a whole. It will be compatible with other uses and <br />will not sic�n�ficantly imoact any of the adjoining properties. (Exhibit 1, <br />Siddiq testir,�ony,'� <br />30. Berause of the I��cation �f the mature trees, the locatiun of Interstate 5 <br />and the n�;ed fcr the cellular cells, the variance is ne�essary. (Exhibit 1, <br />Siddiy testimony? <br />81. !n additir�n to a h�ight variance, the Applicant must also s�cure a varianr.e <br />fror;� th� minimurn sefbacks. The same variance criferia as set foRh in <br />finding 27 apply. <br />32. A C:�ty sanitary sewer easemeni is immediately west of the site, and the <br />proposed facility is projected to be sandwiched between Interstate 5 and <br />the E!asement .As a result, a reduction of the setbacks is necessitated. <br />The setback of six feet from the east property line and 16 feet from the <br />Gosest residential structure allovv the development to occur. The <br />r•ircumstances of limited space, as well as the topography of the site and <br />the location of the freeway, necessitate the variance. (Sidd;q test;mony) <br />33. The variance is needed in order for the site to be developed in a manner <br />that will provide the proposed service. (Huni testimony) <br />34. An adjoining property owner submitted testimony in �pposition to the <br />proposal. The witness testified that he was concemed about the <br />microwave fields from the facility and that it was not an attractive <br />development. He submitted that he was uncomfortabla with the <br />proposed development. He was also concerned abou4 any ex.tensive <br />screening and what it rnay do to limit his view. (Urdah! testimony) <br />Jurisdiction: The Nearing Examiner of the City of Everett has jurisdicfional <br />authority to hold a hearing and to issue the decision. That authority is set forth <br />in EMC 2.23.120. Based on the above findin�s, the Hearing Examiner enters <br />fhe folfowing c�nc!usicns: <br />