Letter of DenialE IDIAty
March 29, 2018
Doug Kofford
Smartlink, LLC
4426 Skye Drive
South Jordan, UT 84009
RE: Avest Wireless Communication Facility (A-2018-0032)
Dear Mr. Kofford:
Mayor Tammy de Weerd
City Council Members:
Joe Borton Genesis Milam
Ty Palmer Luke Cavener
Treg Bernt Anne Little Roberts
This letter is in response to your application for Certificate of Zoning Compliance (CZC) to install a
new 100 foot cell tower located at 1776 N. Avest Lane. There is an abandoned cell tower on the
subject property. In a letter dated March 12th (attached), the property owner was given until April
30th, 2018 to remove the abandoned cell tower. Meridian City Code (MCC) 11-1-12(D) allows the
City to withhold any approval and/or permit for any and all proposed activities or uses on any real
property with outstanding violations of this title.
Meridian City Code 11-4-3-43(F) states "Abandoned Or Unused Towers Or Portions Of Towers: All
abandoned or unused towers and associated facilities shall be required to be removed within sixty
60) days of cessation of use as a wireless communication facility, unless a time extension is granted
by the City Council A copy of the relevant portions of a signed lease which requires the applicant to
remove the tower and associated facilities upon cessation of the use as a wireless communication
facility shall be submitted at the time of application and resubmitted upon renewal or termination In
the event that the tower and associated facilities are not removed within the sixty (60)dys the
tower and associated facilities may be removed by the City and the costs of removal assessed against
the real propert,"
Further, MCC 11-1-10 E states "It is a violation of the unified development code for anyone to fail
to comply with the requirements of the development code, as set out in the specific sections of this
title."
Lastly, MCC 11-5B-1(C)(2)(B) states "The Certificate of Zoning Compliance shall be invalid upon
violation of any regulations of this title on the subject property."
Based on the above mentioned code sections, the Director hereby denies your request for Certificate
of Zoning Compliance to construct a new 100 foot cell tower on the subject property.
The applicant or a party of record may request City Council review of a decision of the Director. All
requests for review shall be filed in writing with the Planning Department on or before March 5,
2018, within fifteen (15) days after the written decision is issued, and contain the information listed
in UDC 11 -5A -6B.
If City Council review of the decision is not requested, the action of the Director represents a final
decision on a land use application. You have the right to request a regulatory taking analysis under
Idaho Code 67-8003.
Please feel free to contact Josh Beach at 884-5533 with any questions or concerns.
CH.jb