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06/13/2000 Minutes
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06/13/2000 Minutes
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N Olmsted Boards & Commissions
Year
2000
Board Name
Planning Commission
Document Name
Minutes
Date
6/13/2000
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T. <br />technology. Mr. Wanamaker indicated "yes." Mr. Dubelko indicated that the Law <br />Department has numerous unanswered questions, so there is not enough information to <br />offer an opinion at this time. He reviewed the law departments concerns whether it is <br />more like a wireless telecommunications antenna permitted use in accordance with 1151 <br />or if it is like or similar to retail service uses in a business district. Note: at 7:54pm, <br />Chairman Tallon arrived. Mr. Conway indicated that there could be landlines, but it is <br />not a wireless setup. Mr. Dubelko indicated that the difficulty with it is, if it is a <br />permitted use in a general retail district, what regulations are there regarding locations, <br />placing, the height, distance to street, etc. He questioned how it would be regulated. Mr. <br />Conway questioned how telephone wires are regulated. Mi-. Dubelko indicated that <br />telephone lines are not regulated, what he is concerned with are what doors would be <br />opening for other proposals such as this if it is not regulated in some way. Mr. Conway <br />indicated that a two-foot dish is what placed on the building. He indicated that a dish <br />could not be regulated in accordance with basic Building Codes, so anything fewer than <br />30 inches is acceptable. Mr. Conway indicated that from a regulation standpoint, the <br />Planning Commission could review a minor change for every location and make a <br />determination. Mr. Dubelko indicated that if the proposals are being considered a like <br />and similar use ruling, it is just whether or not the use is permitted in that district it does <br />not say anything about how it is regulated once it is permitted. Mr. Conway indicated <br />that the outside of a building could not be changed without approval from Planning <br />Commission. He indicated that an antenna would not be permitted to be installed without <br />an approval process. Mr. Dubelko questioned what the standards would be then. He <br />questioned how many story buildings could be in a general retail business district. Mr. <br />Conway responded that with abutting residence there can be a three-story building and <br />non-abutting residence there can be a 5-story building. Mr. Dubelko indicated that there <br />are too many unanswered questions and he suggests the Planning Commission to not <br />approve these proposals until the questions are answered. Mr. Spalding questioned if <br />there were similar regulations in other communities that Teligent is involved with. Mr. <br />Wanamaker indicated that Independence requires Planning Commissions approval for <br />each building each time, no matter what. He believes Independence follows a wireless <br />facility guideline in their own ordinance. Mr. Wanamaker indicated that Lakewood had a <br />5-story limitation. In Lakewood's case, he indicated that one antenna was to be placed on <br />a two story and one was a three story, in which the building commissioner indicated he <br />would not send each proposal through the boards. Mr. Conway reviewed Mr. Dubelko's <br />concerns. He indicated that he doesn't know how to regulate this without passing an <br />ordinance. Mr. Conway indicated that it is more like a microwave as opposed to a <br />satellite dish. Mr. Dubelko questioned if a microwave signal was different than Electro <br />magnetic signal. Mr. Deichmann indicated that microwave is a type of Electro-magnetic <br />signal. Mr. Dubelko reviewed the definition of wireless telecommunications antennas as <br />written in chapter 1151 as follows, "the physical device or an array of elements <br />constituting a physical device through which an Electro-magnetic wireless <br />telecommunications signal authorized by the FCC is transmitted or received." He <br />indicated that if this proposal fits the definition, it would arguably be subject to the <br />provisions of 1151. Mr. Conway questioned if a determination of similar use would not <br />be needed and that they would just make application before Planning Commission. Mr. <br />Dubelko indicated yes if it fit into the regulations of 1151 as an accessory use. Mr.
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