2520 MADISON ST VERIZON ANTENNA 2018-01-01 MF Import

and its locatic�n near Inlerstate 5, a variance is warranted. (Findings 28- 30) 9. The requested variance will not be detrimental to the property in the area and will not impact olher property rights in the vicinity. (Findings 28-30) 10. In addiiion to the height �ariancE, the Applicant must also secure a variance (ro�n the R-3 setback s`andards. The reques!ed six roof st�tback fror� the east propeny line and the 1 F foot setback from the residential slructurP on-site are warranted because of the Iocat�on of the site adjacent ta the Interstate 5 corridor and the irregular shape of the Applicant's easement on-site. In addition, the sanitary sewer easement and the location of `he structure create a ditricult configuration to satisfy ti a:setback standards. The setback variance is reasonabls. (Findings 3T-33) 11. The Uniled Siates Telecommunication Act of 1996 establishes that federal regulations of the Federal Communication Commission have limited preer�ption over state and local laws in the review of applications to construct telecommunication structures. As a result, local governmenls are prohibiled from regulaling the placement, construction and modification of a personal wireless facility based on the e:nvironmentally e(fects of radio trequency ert�issions from the facility to the extent that such facilities comply with the fCC's regulations concerning such emissions. 47U.S.C. Section 332(C)(7)(b)(iv) 7he limited preemption provided in the Act is not intended to remove state and local government's control but to ensure that the local government will regulaie in a manner that affords appropriate recognition to the important federal interests at stake and thereby avoid unnecessary cenflicts 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 nationai policy framework designed to accelerate rapidly private sector development of advanced telecommunications and information technologies and services to all Americans by opening all telecommunications market to competition". H.R.conf.rep.No.104-458, 104th Congress, 2nd Session, paqe 113. DECISION 9ased upon the preceding findings of facts and conciusions, testimony and evidence submitted at the public hearing, and upon the impressian of the HEaring Examiner at a sile view, it is hereby ordered that the requested Special