(k) Display. No signs, striping, graphics or other attention getting devices are <br />permitted on the transmission tower or ancillary facilities except for warning and <br />safety signage with a surface area of no more than 3 square feet. Such signage shall <br />be affixed to a fence or ancillary facility and the number of signs is limited to no <br />more than 2. <br />The applicant's written statement notes that only FCC standard signs shall be placed on the <br />equipment shelter. To ensure continued compliance with this standard, the following condition is <br />warranted: <br />Prior to final PUD approval, Sheet A-2 shall be revised to include the following note "No signs, <br />striping, graphics or other attention getting devices are permitted on the transmission tower <br />or ancillary facilities except for warning and safety signage with a surface area of no more than <br />3 square feet. Such signage shall be affixed to a fence or ancillary facility and the number of <br />signs is limited to no more than 2." <br />Per the findings and condition above, this'standard is met. <br />(8) Standards for Ancillary Facilities. All ancillary facilities shall comply with the standards <br />of subsections (7)(e) and (7)(f) of this section. In addition, all ancillary facilities within <br />an R-1, PL, C-1, GO, and PRO zone must be located underground to the maximum <br />extent technology allows, unless a variance is obtained pursuant to the provisions of <br />subsection (9) of this section. This restriction does not apply within other zones. <br />The subject property is zoned R-1 and the applicant is requesting a variance to the underground <br />requirement pursuant to subsection (9)(c) of this section. <br />(9) Variance. <br />(a) Any variance to the requirements of this section shall be granted only pursuant to <br />the following provisions. The criteria for granting a variance shall be limited to this <br />section, and shall not include the standard variance criteria beginning at EC 9.8750 <br />Purpose of Variances.' <br />(c) The city may grant a variance to the setback and undergrounding requirements of <br />subsections (7)(d) or (8) upon finding that stealth design, proposed landscaping, <br />configuration of the site, or the presence of mature trees obviates the need for <br />compliance. <br />Testimony provided by Bill Kloos on behalf of the Oakway Neighbors and testimony from other <br />neighbors asserts that a variance should not be granted and provides a great deal of information to <br />show that undergrounding is a viable option and how the applicant's proposal does not meet the <br />requirements for a variance. <br />As noted above, the code standard does require undergrounding in R-1, unless a variance is obtained. <br />Many of the arguments provided that undergrounding is feasible may be accurate, but the applicant is <br />not required to demonstrate that ancillary facilities can't be undergrounded, if a. variance is obtained. <br />Staff Report <br />(PDT 10-2 & CU 11-1) June 2013 27 <br />MO Agenda -Page 1 <br />