Commission debates fence requirement and security measures for proposed tower

During deliberations on CUP 26-03, a commissioner raised the municipal code requirement that a perimeter fence of at least eight feet be placed around the tower site. Staff responded that they had consulted the city attorney about compliance and that the attorney had determined a variance would not be required because the proposed alternative security measures meet the code’s intent.

A staff speaker told the commission the application initially included a variance but the city attorney’s assessment led staff to amend the application so that the alternative measures — video coverage, manned monitoring and anti-climb devices — would be relied on. The applicant, Nate Devon, said he preferred to avoid a fence because it would impede snow removal and quick access during emergencies but that installing one would not be a deal-breaker if the commission felt strongly.

The commission accepted the legal interpretation for this application and proceeded to vote on the conditional use permit while preserving the option to attach a fencing condition if desired.