RESOLUTION
NO. _______
A RESOLUTION DENYING SPECIAL EXCEPTION USE TO ERECT A TELECOMMUNICATIONS TOWER
FOR WIRELESS COMMUNICATIONS SERVICE ON PROPERTY LOCATED AT 8200 STEVENS LANE.
WHEREAS, Kurt Jurado has applied for a Special Exception Use, to erect a
145-foot telecommunications tower for wireless communications service on the
property described above;
WHEREAS, new wireless communication towers are permitted solely as a Special
Exception Use under the current GC (General Commercial) zoning district;
WHEREAS, the Planning Advisory Commission has reviewed the request and
recommends denial and the Planning Department recommends approval;
WHEREAS, there is substantial evidence in the record that neighborhood
aesthetics will be negatively impacted by said tower; medical experts have
testified as to loss of business and negative effect on patients at an adjacent
cardiology office and clinic; and this Council finds that said tower would
negatively affect public health, safety and welfare.
NOW, THEREFORE, THE COUNCIL OF COLUMBUS, GEORGIA, HEREBY RESOLVES AS
FOLLOWS:
That based on substantial evidence in the record that neighborhood aesthetics
will be negatively impacted by said tower;
And further based on the fact that medical experts have testified orally at
Council hearing and in writing as to loss of business and negative effect on
patients at an adjacent cardiology office and clinic;
And further based on the finding of negative effect on public health, safety
and welfare by this Council as allowed in American Tower v. City of Huntsville,
295 F.3d 1203 (11th Circuit 2002);
A Special Exception Use to erect a 145-foot telecommunications tower for
wireless communication services is hereby denied for the property located at
8200 Stevens Lane.
______________________
Introduced at a regular meeting of the Council of Columbus, Georgia, held the
29th day of September, 2009, and adopted at said meeting by the affirmative
vote of members of said Council.
Councilor Allen voting__________.
Councilor Anthony voting________.
Councilor Baker voting__________.
Councilor Barnes voting_________.
Councilor Davis voting__________.
Councilor Henderson voting______.
Councilor Hunter voting_________.
Councilor McDaniel voting_______.
Councilor Pugh voting___________.
Councilor Woodson voting________.
___________________________________ _________________________
Tiny B. Washington, Clerk of Council Jim Wetherington,Mayor
Attachments
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