(a) Any variance to the requirements of this section shall be granted only <br />pursuant to the following provisions. The criteria for granting a variance <br />shall be limited to this section, and shall not include the standard variance <br />criteria beginning at EC 9.8750 Purpose of Variances. <br />******** <br />(c) The city may grant a variance to the setback and undergrounding <br />requirements of subsections (7)(d) or (8) upon finding that stealth design, <br />proposed landscaping, configuration of the site, or the presence of mature <br />trees obviates the need for compliance. <br />(e)If the proposed transmission tower or ancillary facility requires site review <br />or a conditional use permit, the request for variance shall be considered as <br />part of the site review or conditional use permit process. If the proposed <br />transmission tower or ancillary facility is an outright permitted use, the <br />request for a variance shall be processed pursuant to Type II application <br />procedures beginning at EC 9.7200 General Overview of Type II Application <br />Proceduresexcept that the decision shall be based on the criteria in this <br />section. <br />Response: AT&T requests a variance to the undergrounding requirement based on the design of <br />the equipment enclosure. The proposed design will be a fully enclosed shed/storage room, which <br />will look like, and double as, an accessory building to the existing property use. AT&T will <br />construct the building so that part of it is allocated to the telecommunication facility, and the <br />other part will function as a storage area for the property owner. The design and colors are <br />designed to match those of the chapel. Because this project requires a conditional use permit, <br />this variance request is considered a part of the conditional use permit process. <br />(11) Application Review and Fees. The city manager shall retain one or more <br />consultants to verify the accuracy of statements made in connection with an <br />application for a building or land use permit for a telecommunications facility. <br />Notwithstanding any other provision of this code, the city manager shall require <br />the applicant to pay, as part of the application fees, an amount sufficient to <br />recover all of the city’s costs in retaining the consultant(s). <br />Response: Application fees have been included with this proposal sufficient to cover the <br />Conditional Use Permit and the consultant fee to review the NIER report. <br /> <br />Site ID: EG46 Fox Hollow & Amazon RoadPage 16of 22 <br />