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(I) The Planning Director may require review by an expert third <br />party. <br />22. Because the site is located in a commercial area, it will not create <br />undesirable impacts or have significant impacts on residential land uses. <br />(exhibit 1) <br />23. All supporting equipment of the proposal is to be located in the basement <br />of the existing grocery store and will not be visible. The Appiicant is also <br />proposing to paint the antennas brown in order to minimize the visual <br />impact. According to the City, these measures will minimize the visual <br />impact of the proposal. (exhibit 1, Tyler testimon}�) <br />24. Because the PUD requires a minimum separation of 15 feet from the <br />base of the antenna and the power lines, the pole must be higher than <br />the existing �0 foot high structure in order to be effective. Without the <br />variance, colacation would not be able to occur on this site, and the <br />resulting consequence would be there would be additional cell poles in <br />the area. (exhibit 1, Tyler testimony) <br />25. The facility will be removed if its use is discontinued for 120 days or <br />more. Safety lights will not be required on the facility. (exhibit 1) <br />26. In order for the pole to r-xceed the existing pole's height by an additional <br />28 feet, a variance must be secured. Pursuant to EMC 19.41.D.1.c(3), <br />the maximum height increase for a utility replacement structure is 20 <br />feet. Thus, the highest pole without a variance would be 60 feet. The <br />Applicant seeks a variance to allow the pole to be 68 feet. (exhibit 1) <br />27. In order for a variance to be granted, the criteria of EMC 19.41.130.0 <br />must be satisfied. Those criteria are: <br />(a) That the variance is necessary because of exceptional or <br />extraordinary circumstances regarding the size, shape, topography, or <br />location of the subject property; or the location of a pre-existing <br />improvement on the subject property that conformed to the Zoning Code <br />in effect when the improvement was constructed. <br />(b) That the variance will not be materially detrimental to the property <br />in the area of the subject property or to the City as a whole. <br />