2530 MADISON ST 2016-01-01 MF Import

SEP 17 '98 13�fi5 FR N.I FIELD OPS/RE 2(i6 6p3 288g 7p Ff�iLEYiSTRICV�P, P.12.�13 and its iocation near Interstate 5, a variance is warrar�ted_ (Findings 28- 30) 9. The requested variance will nct be detrimental to the property in the area and wili n�t impac� other property rights in the vicinity. {Findings 28-30J 10. In addition to the height var'ance, C.�: ;,;.;;;Iicant must also secure a variance from the R-3 setbacl; sc:: n•.:.�r;Ss. 7he requested six foot selback from the east �roperty lic �„ and the ? 6 foot setback from the residenUal structure on-site are warcanted because of the location of the site adjacent to the Interstate 5 cor�idor and the irregular shape of the ApplicanYs easement on-site. In a4dition, the sanitary sewer easement and the location of the structure create a difficult configuration to satisfy lhe setback standards. The setback variance is reasonable. (Findings 31-33) 11. The United States Telecommunication Rct of 1996 establishes that fe�eral regulations of the Federal Communication Commission have limited preemption over state and local laws in the review of applications to construct telecommunication structures. As a resuit, local govemments are prohibited from regu(ating the placement, construction and modification of a personal wireless facility based on the environmentally effects of radio frequency emissions from the facitity to the extent that such facilities comply w�'h the FCCs regulations canceming such emissions. 47U.S.C. Section 332(C)(7J(b)(iv) The fimited preemption provided in the Act is not intended to remove state and local governmenYs control but to ensure that the local govemment will regulate in a manner that affords appropriate re ;ognition to the irnportant federal interests at stake and thereby avoid unneces�ary conFlicts with federal policy, as well as the time consuming and expensive litigation in this area. 101F.C.C.2d 952, page 960 The federal interest at stake is a"procompetitive deregulatory national �o(icy framework designed to accelerata rapidly private sector development of advanced telecammunications and information technologies and services to alt Americans by opening aIl telecommunications market to competition". H.R.conf.rep.No.;04-458, 104th Congress, 2nd Session, page 113. DECISION Based upon tne preceding findings of facts and conclusions, !estimony and evidence submitled at the public hearing, and upon the impression of ihe Hearing Exami�er at a site view, it is hereby ordered that the requested Special 11