Elko County Planning Commission ELKO COUNTY PLANNING COMMISSION MINUTES

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0 0 0 0 Elko County Planning Commission 0 COURT STREET, SUITE 0, ELKO, NV 0 PH. ()-, FAX () - ELKO COUNTY PLANNING COMMISSION MINUTES THURSDAY, NOVEMBER, 0 : P.M. CALL TO ORDER: The meeting of the Elko County Planning Commission was called to order at : PM on Thursday November, 0, in suite 0 of the Nannini Administration Building, Elko, Nevada. ROLL CALL: Members Present: David A. Galyen Richard Genseal Jack D. Larason David Hough Norlene Wilson Mike Judd Dena Hartley Absent : Others Present: John Kingwell, Supervisor/Planner Eleanor O Donnell, Administrative Assistant Curtis Moore, District Attorney s Office Joe Barrett, District Attorney s Office PLEDGE OF ALLEGIANCE: Commissioner Genseal led the pledge of allegiance. APPROVAL OF MINUTES October, 0 regular meeting minutes MOTION: Commissioner Galyen moved to approve the minutes from the October, 0 meeting with changes, Commissioner Judd seconded. Motion carried.

November, 0 Page 0 0 0 0 VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Norlene Wilson Mike Judd NAY: ABSENT: ABSTENTIONS: Dena Hartley STAFF UPDATE AND COMMISSIONERS COMMENTS No Comments COMMENTS BY THE GENERAL PUBLIC No comments NOTICE OF THE APPEAL PROCESS Chairman Larason advised everyone of the appeal process. PRELIMINARY HEARINGS -000-000, Drew Dahl A preliminary hearing regarding a request for a change of zoning from Open Space (OS) to Special Lands (SL) for the creation of a parcel for transfer to a family member. Location: A 0. acre portion of a. acre parcel shown on File No. as recorded in the Office of the County Recorder of Elko County. A portion of Section, Township North, Range East M.D.B. &M. Located along the Upper Starr Valley Road. Applicant: Drew Dahl Owner: Demar Dahl ET AL Mr. Kingwell stated this application is ready to move forward to a public hearing, all the necessary information is on hand and all fees have been paid.

November, 0 Page 0 0 0 0 MOTION: Commissioner Galyen made a motion to forward Application No. -000-000, Drew Dahl for a public hearing to the December, 0 meeting, seconded by Commissioner Judd Motion passed. VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Dena Hartley Norlene Wilson Mike Judd NAY: ABSENT: ABSTENTIONS: -000-000 Coach USA (Elko Inc.) A preliminary hearing regarding a request for a change of zoning from Commercial (C) to Light Industrial (LI) for a Coach USA project, which will include a new bus repair and office facility, employee and guest parking, bus parking, and parking for Newmont Mining employees utilizing the Coach USA service. Location: A.0 acre parcel of land located in Section, Township North, Range East M.D.B. &M; being all of Parcel No. and a portion of Parcel No. as shown on the Parcel Map for ROI Elko Investors, LLC, on file in the Office of the Elko County Recorder, Elko, Nevada as File No.. Located on Gustin Road, Spring Creek, Nevada. Applicant: Coach USA (Elko Inc.) Owner: ROI Elko Investors LLC Mr. Kingwell stated this application is ready to move forward to a public hearing on December, 0. All fees have been paid and all information has been received except for comment from NDOT who are waiting for the traffic study information. MOTION: Commissioner Galyen made a motion to forward Application No. -000-000, Coach USA (Elko Inc.) for a public hearing to the December, 0 meeting, seconded by Commissioner Judd. Motion passed. Public Comment: Jerry Byers questioned if this applications relates to the notice he received on two lots combining for a temporary parking lot.

November, 0 Page 0 0 0 0 Mr. Kingwell explained this is a preliminary hearing to move forward for a public hearing in December for the permanent location. The two lots is a conditional use request for use as a temporary parking lot while the permanent site is being built, that is later on the agenda under public hearings. Brent Taylor expressed concerns with traffic in the area. Mr. Kingwell stated those types of issues are better to bring up during the public hearing in December. Foster Armstrong resident on Belloak Drive, questioned that he received a notice for another possible parking lot on the Jiggs Highway. Mr. Kingwell explained it is unrelated to this application and that application has actually been pulled from the agenda. Mr. Moore clarified that this vote is to move the application forward to the next meeting for a public hearing. If there is a reason that this application should not pass the public has the opportunity to comment against moving the application to a public hearing. VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Dena Hartley Norlene Wilson Mike Judd NAY: ABSENT: ABSTENTIONS: PUBLIC HEARINGS -000-000 Verizon (Epic Wireless) - Ruby Mountain Site Consideration and possible approval of a request submitted by Epic Wireless for Verizon Wireless for a six () month extension to the conditional use permit approved during the March, 0 meeting for the installation of a wireless cell facility on a chain linked fenced 0' x 0' leased area containing a diesel generator, proposed.' x ' x 0.' equipment shelter and a 0' tall monopole with antennas and RRU's per sector, microwave dishes, surge suppressors, hybrid cables, and GPS antennas.

November, 0 Page 0 0 0 0 Location: A 0' x 0' leased area located on a. acre parcel within the SE¼ SW¼ of Section, Township North, Range East, M.D.B. &M. Physical address is 0 Lamoille Hwy., Spring Creek, NV. Applicant: Verizon Wireless c/o Epic Wireless Owner: John & Christine Dinsmore Mr. Kingwell explained the request for a six months extension is for the conditional use. Andrew Lesa (Epic Wireless) representing Verizon Wireless, the project is still moving forward there are a few internal things that Verizon is working out that have postponed the construction of the project therefore, the request for an extension is needed for the conditional use permit. Commissioner Hough questioned if this project will be completed within six months. Mr. Lesa confirmed that Verizon intends to start construction by May of 0, it may not be completed by that time. It typically takes about - weeks for construction of the site. Commissioner Genseal questioned the length of the original conditional use permit that was granted by this commission back in March and how long the request for an extension is. Mr. Kingwell explained the conditional use was for six months. The Code reads that the applicant must begin construction within six months unless another time period is allotted. The project does not have to be done by then but construction must be started. Commissioner Galyen expressed a concern since the application was approved in March, six months expired in September, this is November is there an issue with extension for something that has already expired. Mr. Moore informed the commission he would have to research the issue. Commissioner Hough asked if the motion could state the extension is from September th. Mr. Lesa stated the actual resolution was signed on April th that puts it within the six month period. The application for the extension request was filed within the six months of the date it was signed. Discussion followed on the time frame of a possible extension. Public comments: No comments MOTION: Commissioner Galyen made a motion to approve Application No. -000-000, Verizon (Epic Wireless) - Ruby Mountain Site for a six month extension to the conditional use permit starting with the September, 0 date, seconded by Commissioner Judd. Motion passed. Commissioner Hartley questioned if this will give them enough time to start the project. Mr. Kingwell stated it would bring the date into March of 0, which is acceptable to the applicant. The applicant will be required to have some sort of work started on the project.

November, 0 Page 0 0 0 0 VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Norlene Wilson Mike Judd Dena Hartley NAY: ABSENT: ABSTENTIONS: Chairman Larason read the appeal process. -000-00 Verizon (Epic Wireless) - Wildhorse site A public hearing regarding a request for a conditional use to construct a new tall monopole communications facility including installation of an antenna array consisting of () sectors, () antennas per sector for a total of () antennas, () RRHs on a proposed tall monopole. A new prefabricated x equipment shelter, standby emergency kw diesel generator located within a 0 x 0 fenced leased area. Location: A 0 x 0 leased area within a 0 acre parcel of land located in the SE¼, SW¼ of Section, Township North, Range East, M.D.B.&M. being a portion of a,. acre parcel as recorded in the Office of the County Recorder of Elko County. A portion of the Holland Ranch along SR (Mountain City Hwy). Applicant: Epic Wireless for Verizon Wireless Owner: Holland Ranch LLC Mr. Kingwell presented the staff report. There hasn t been any progress with the BLM and AT&T on resolving the location of the other cell tower. Public comments: Andrew Lesa (Epic Wireless) representing Verizon Wireless, the Verizon Wireless proposal is a unique one in this situation, the goal to improve the cell coverage for the travelers in the area, the residents, and the Jerritt Canyon mine. The existing AT&T tower was something staff questioned us on, Verizon s objective is to co-locate whenever feasible. Verizon reached out to AT&T to co-locate on the existing tower, the existing tower structurally was capable to accommodate Verizon s equipment, unfortunately, the tower was not located entirely on the underlying parcel, a portion of it was located on BLM property. Verizon has reached out to AT&T and the BLM on a number of occasions to try to resolve the situation, with no response. Verizon took the steps to move forward with their own application.

November, 0 Page 0 0 0 0 Commissioner Genseal expressed his concerns with the low flying planes along SR. The Highway is used as a reference point by many ranchers in the area that fly planes. The existing AT&T tower does have a light on it. A light on this tower would be redundant as long as the existing AT&T tower has a light, but recommend a condition on the permit that if the light is removed from the existing tower or the existing tower is removed that this Verizon tower be required to put a light on the tower. Mr. Lesa stated it is Verizon s policy is to not include a light on towers unless the FAA makes a determination that lighting is required. Verizon requests that this commission allow the FAA to make the determinations of what safety requirements are required on the tower. Commissioner Genseal stated it is this commission s requirement to provide safety to the community and make sure that things are being built and constructed in a way that are up to code. Many of those ranchers are flying planes in the area and therefore recommends that only a requirement of a light be placed on the tower if the other tower was removed. Mr. Lesa stated that if this commission sees fit to add a condition to that affect it will be followed, but would like to reiterate that it is Verizon s stance that they would prefer those decision be left up to the FAA. Commissioner Hartley asked staff if the condition was placed on the original application for the AT&T tower that a light be required. Mr. Kingwell confirmed a light was required, because of its location to the right of way. MOTION: Commissioner Genseal made a motion to approve Application No. -000-00, Verizon (Epic Wireless) - Wildhorse Site with staff s recommendations, findings and conditions, including the condition if the AT&T tower is ever removed from the location Verizon Wireless would be required to put a light on the tower, seconded by Commissioner Judd. Motion passed. Public comments No comments VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Norlene Wilson Mike Judd Dena Hartley NAY: ABSENT: ABSTENTIONS: Chairman Larason advised everyone of the appeal process.

November, 0 Page 0 0 0 0-000-00, Coach USA (Elko Inc.) A public hearing regarding a request for a conditional use permit for the construction of a temporary parking lot for Newmont Mining Employees who utilize Coach USA bus service. Location: Two adjacent parcels of land totaling. acres. Parcel is. acres and Parcel is. acres as shown on File No. recorded in the Office of the County Recorder of Elko County. Located in Section, Township North, Range East, M.D.B.&M. General location is between Trescartes Ave. and Boyd Kennedy Rd. along SR (Lamoille Highway). Applicant: Coach USA (Elko Inc.) Owner: ROI Elko Investors LLC Mr. Kingwell presented the staff report. A change in the wording in the description of the application within the staff report of the Newmont Mining Employees who utilize the Coach USA bus services to match the wording of the published agenda item. Applicant is requesting a temporary conditional use permit for one year with the possibility of an extension while the permanent parking lot location is being developed. Mr. Kingwell added a comment a parking lot is a conditional use allowed under the C zoning.

November, 0 Page NDOT Comments received.

November, 0 Page 0 Coach USA Comment and transportation schedule:

Elko County Planning Commission November, 0 Page

November, 0 Page Elko County School District comments: 0

November, 0 Page Public Comments:

November, 0 Page 0 0 0 0 Applicant comments: Garrett Gordon representing Coach USA also present is Ryan Veater, President of Coach USA, explained this is an application for a temporary use permit, the preliminary zone change hearing earlier is for the permanent project, there is a traffic study in process for the permanent project. This is a temporary project for one year while in the process for the permanent facility. Only % of the total traffic trips will take place during the peak times; about % in the AM and about % in the PM. The majority of the traffic will take place during the off peak hours, not peak hours. We thought this location is appropriate and compatible with the surrounding C zoned area and is compatible with the efforts of Coach USA to continue to provide a safe mode of transportation to the Elko County residents. Commissioner Genseal expressed a concern with Maverik and various businesses going in on the same side of the street with the bike path. With the placement of the parking lot and the increased traffic, this will make the bicycle path un-usable. In either proposal is the bike path being considered for mitigation. Mr. Gordon stated the bike path was not addressed in the temporary proposal. In the temporary permit, our traffic engineer just did a traffic study related to the vehicles, but with respect to the permanent project that is a part of the traffic study and options to mitigate that concern. Mr. Kingwell stated that within the NDOT letter the bike path would be required to be maintained. If controls are needed, such as stop signs or whatever is needed to maintain it, even with the temporary site. On Trescartes, the cattle guard is proposed to be removed, since there is no longer cattle in the area, there may be a turn in radius for the busses and possible storage lanes. The traffic is not at the same times as the traffic at the school. Staff looked at this as an opportunity to control the amount and types of traffic into that division. The C zoning allows various types of businesses that generate high volumes of traffic without any controls on the times. This was viewed by staff as an opportunity to work with the school district and control the traffic out there. NDOT will be giving the requirements to mitigate the ingress and egress, as well as protecting the bike path and pedestrian traffic. Those will fall back on Elko County because it will be taking responsibility for those intersections. Commissioner Genseal expressed his concern is with allowing 00 more vehicles across the bike path. During the summer, that bike path is heavily used and this proposes a huge increase in the volume of traffic crossing that bike path. There needs to be some type of mitigating factor to insure the safety for everybody. Mr. Gordon stated they have not seen the letter from NDOT. Within the staff report there is a condition that we need to comply with any NDOT requirements or conditions. We will have to comply with them in the future when the traffic study is done. The timing of the traffic will be early in the morning and early at night, the peak period will be about % traffic. There will be an increase in traffic that will have to be mitigated, but at least % of the trips will be pre AM peak and post PM peak, it might not be as significant of an impact as first thought. Commissioner Judd stated but one quarter of those 0 vehicles is still vehicles. That is a lot of vehicles coming out of there at a peak time onto that highway. Commissioner Judd expressed

November, 0 Page 0 0 0 0 a desire to have the traffic study for review before this commission can make an educated decision. Commissioner Wilson asked if there was a particular reason this site was picked. Mr. Gordon stated Coach USA looked at numerous sites and this site was picked because of the compatibility, it was in C zoning and compatible with the surrounding land uses. There are two similar lots in the vicinity, so there is a precedent for the location, also the fact that the permanent location is near this location. It would be convenient to have the temporary lot so close while the details of the permanent facility are worked out. Given that, they were dealing with the same landlord. Commissioner Hough asked about the proposed facility along the Jiggs highway. Mr. Gordon explained that proposed location was withdrawn. The permanent location being proposed just to the north of these two lots. Mr. Kingwell showed the locations of the permanent and temporary locations on the map. Mr. Kingwell stated this is all currently zoned Commercial. Commissioner Hough asked if NDOT is going to propose acceleration and deceleration lanes on Lamoille Highway. The other parking lot near Wells Propane has a deceleration lane. Commissioner Hough agrees with Commission Judd that there needs to be more facts for consideration. Public comments: Jo Sherwood (NDOT- permits coordinator) stated that the NV Department of Transportation is holding off on making their final requirements until the traffic study that Coach USA s traffic engineer, Paul Solaegui is doing. There are several items that are being considered. NDOT will not make a final determination until the traffic study is completed, because there might be something that the traffic engineer may pick up that we are not seeing. There are currently stop signs on the bike path. Chairman Genseal asked if NDOT is doing an independent study. Ms. Sherwood stated that the traffic study Solaegui is doing is based on standards that NDOT gives them that they are looking for as well as items from Coach USA. The traffic study is not the only thing that NDOT looks at, the recommendations from the NDOT engineers are also considered. NDOT is not required to follow the traffic study exactly, they will take what the traffic study reports into consideration and make their own recommendations based on the findings. The NDOT engineer and assistant engineer both live in the area and drive through the area every day, so they are very aware of the traffic concerns in the area. The traffic study will also project into the future. Chairman Genseal asked what is the time frame of when that will be completed. Mr. Gordan stated there is two prongs to the study, there is a temporary use application and then the permanent one. Each step will start with a traffic letter to understand how many trips will be generated. Mr. Gordan explained according to an email from Solaegui today, after the traffic letter is received it is determined how many trips will occur from the project, if there is less than 00 peak trips a traffic study is not triggered. This temporary conditional use permit application, a traffic letter was done that showed the peak trips are under 00, so we moved forward with the

November, 0 Page 0 0 0 0 conditional use and the conditions stated within the staff report. The traffic study for the permanent project, which will trigger over 00 peak trips, will include the scope of work that NDOT asked to be looked at and it will be completed by the next meeting in December. Ms. Sherwood explained the bus trips and vehicle trips will be the same with temporary and permanent, the only difference will be a slight increase with the permanent because there will be office and maintenance staff as well. NDOT hasn t seen the letter or traffic study. The traffic study would be expected to come in even with the temporary use because as soon as the use is increased that is what NDOT looks at. Commissioner Judd asked does NDOT take into consideration the fact that the traffic is more congested in a shorten period. Also has the Redstone development and the funneling of all the traffic into one road been taken into consideration. Redstone has been attempting to do this for the last years, but the minute is happens it will have a huge impact. Commission Judd expressed concerns that the roads within the area are not adequate to handle that volume of traffic. Ms. Sherwood confirmed that NDOT will not take in only one source of information, the other traffic studies within the area are also taken into consideration, and all the information is put together. Commissioner Hartley mentioned that the Redstone/Ruby Vista will be a 0 year project. Commissioner Hartley expressed her confidence in the ability of NDOT and its employee s expertise to keep everyone safe out there. Commissioner Galyen stated we are looking for a conditional use to use a parcel of land for a temporary parking lot, part of staff s recommendations and findings is they cannot use the parking lot until all the standards are met. What negates us from approving the permit for the parking lot and if they don t meet the requirements to move in to the parking lot, it won t happen. We are here to review the parking lot, not the traffic, that is NDOT s problem. Mr. Kingwell stated that for several years through the Spring Creek Master Plan we have been trying to consolidate the number of access point onto SR and direct traffic to Boyd Kennedy Road for the purpose of an eventual roundabout. To have a controlled intersection to slow the traffic down. This gives us control of the amount of traffic and the times of traffic to occur in the areas of the school. The full blown traffic study is not available at this time, staff informed the applicant that to move forward without the traffic study the applicant will have to agree per Item F, with the requirements set forth by NDOT or the terms within the conditional use will not be met. Any of the Commercial services could generate more traffic from the Boyd Kennedy side. Ms. Sherwood confirmed NDOT does not want any new accesses and wants to consolidate the access points onto SR. Chairman Larason questioned staff if the Item F was put in so to allow the commission to move forward with the temporary conditional use. Mr. Kingwell stated Item F was put in at the beginning because I didn t know what the conditions would be. It is done quite often in the staff reports if the information is not available up front. If the information comes in earlier then the requirement would be stated within the staff report. The applicant has the ability to back out if they do not agree with the conditions that will be set forth by NDOT.

November, 0 Page 0 0 0 0 Commissioner Genseal asked if we approve this the clock starts ticking now under this one year permit, but they can t proceed with this until the recommendations from NDOT are received. Mr. Kingwell stated they have six months by code in which to begin construction unless they ask for an extension. Commissioner Genseal commented this project is still delayed pending the NDOT recommendations. Mr. Kingwell explained they can sign a letter of release and apply for a permit to begin working but will not be able to operate until the road standards are up to what the county and NDOT will require. The construction is considered within the borders of the two parcels. Commissioner Hough expressed concerns with the acceleration and deceleration lanes, the traffic study will apply equally to the temporary lot and the permanent lot. Commissioner Hough would recommend a continuance until the traffic study is completed in order to make a decision. Mr. Gordan stated this is potentially a 0-0 year project. They want to build good graces with NDOT, the county and all of the commission. We would like to voluntarily request to continue this until the December meeting, they will work with NDOT on some conditions for the temporary lot. Mr. Moore stated it would be prudent to have a motion to continue this application to the December meeting, but since the applicant has requested a continuance, either way is fine. Commissioner Hartley stated that before they would be able to proceed they would have to comply with NDOTs recommendations. Commissioner Hartley expressed faith in NDOTs ability to keep the public safe and expressed concern with limited construction times and is not willing to vote against the application because NDOTs findings may not concur with a few people on this board. MOTION: Commissioner Hough moved to continue Application -000-00, Coach USA (Elko Inc.) to the December regular meeting, seconded by Commissioner Genseal. VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Norlene Wilson Mike Judd NAY: Dena Hartley ABSENT: ABSTENTIONS:

November, 0 Page 0 0 0 0-000-000, Elko Inc. (Coach USA) A public hearing regarding a request for a conditional use permit for the construction of a temporary parking lot on. acres of a. acre parcel, to accommodate needed parking for the Newmont Long Canyon project in the interim while a permanent parking lot is constructed. Location: A portion of a. acre parcel of land located within Section, Township North, Range East M.D.B. &M. Elko County, Nevada, as shown on File No. 00 as recorded in the Office of the County Recorder of Elko County. The general location is the southwest corner of the intersection of SR (Lamoille Hwy.) and SR (Jiggs Hwy.) Applicant: Elko Inc. (Coach USA) Owner: Khoury Leasing, LLC Mr. Gordan stated this application has been postponed indefinitely. This application was filed on behalf of Coach USA and was not initiated by Newmont Mining. -000-000 Chris Volpe A public hearing regarding a request for a variance to allow for a reduced front yard setback from 0 to for construction of a residential garage within an Agricultural Residential zoned district. Location: A. acre parcel located within the Spring Creek Subdivision, Tract 0, Block Lot as shown on File No. 0 as recorded in the Office of the Elko County Recorder. Section, Township North, Range East, M.D.B. & M. Physical address is Tiffany Drive Spring Creek, Nevada. Applicant/ Owner: Christopher Volpe Mr. Kingwell presented the staff report for application -000-000 Chris Volpe. Applicant comments: Chris Volpe stated he would like to stick to the original to encroach and allow for the setback in order to maintain more distance between the garage and the house. Spring Creek Association approved a encroachment, he just needs which will leave a front setback. Commissioner Hartley asked for clarification of staff s recommendation. Mr. Kingwell explained staff is suggesting that the whole garage can be moved back. We are required by county code to make it the minimum to alleviate the hardship. The minimum to alleviate the hardship for this application would be to require the garage to be back against the air conditioning system, which would be back the full. However, the recommendation is to leave between the two buildings that is required by the fire code. Mr. Volpe explained moving the garage back another 0 isn t horrible, he didn t want to create that tight of a gap between the house and the garage. He wanted to allow more space between the house and garage in case the AC unit breaks.

November, 0 Page 0 0 0 0 Commissioner Galyen asked where the vehicle, garage door is proposed on the building. Mr. Volpe explained that there will be a door on the front side of the garage, perpendicular to the front of the house, with a man door also on the front side. Commissioner Galyen questioned the dimensions of the garage in relation to the proposed doors. Mr. Volpe explained why he proposes to put the garage in that spot and where the doors are proposed on the garage plans. Commissioner Genseal asked staff for clarification that he is suggesting that we follow the code for a set back instead of the. Mr. Kingwell explained that is being lenient and the reasons for the staff recommendation. We are required by code to have a minimum required set back to alleviate the hardship. Chairman Larason commented on the difficulties of moving a leach field, since the applicants leach field is in the way of placing the garage further back onto the property. Mr. Kingwell mentioned that many developers don t give a lot of thought to future development of the property when placing the house on the property, therefore limiting the use of the property. If the house were placed more to the side or further back on the property when first developed there would have been enough room to put a structure up front within the setbacks. Public comments: No comments. Commissioner Galyen asked the applicant if he is willing to move the garage back 0 feet from the proposed location. Mr. Volpe agreed if that is what it takes to have the variance approved. MOTION: Commissioner Judd moved to approve Application -000-000, Chris Volpe with staff s recommendations, finding and conditions, seconded by Commissioner Galyen Comments: no comments VOTE: AYE: David A. Galyen Richard Genseal David Hough Jack D. Larason Norlene Wilson Mike Judd Dena Hartley NAY: ABSENT: ABSTENTIONS:

November, 0 Page 0 0 0 0 0 Mr. Kingwell advised him of the 0 day appeal period. Mr. Volpe asked for clarification of the conditions of the variance. Mr. Kingwell confirmed it is for a front setback OTHER BUSINESS Cell Tower Aircraft Avoidance Lighting Discussion followed on requiring a light on the cell towers over 00 as a guideline, to be reviewed on a case by case basis and to judge each application on its own merits. Taking into consideration the location of the cell towers and its surroundings. This board is responsible for considering public safety whenever reviewing an application. Mr. Kingwell recommended that if a light is required by this board on a cell tower that the reason for the requirement be stated within the motion. Construction Survey Requirement Mr. Kingwell explained this has been discussed before past commissions several times, it is the responsibility of the builder to verify the property lines and setback requirements before building a structure. Discussion followed on the responsibility of the builders or owners to survey the property before building. It was suggested to have a stamp to be placed on the building plans that you are responsible for your property corners or educating the contractors of the importance of verifying the property corners. Appeal Process Notification Mr. Moore explained that reading the appeal process one time at the beginning of the meeting, if there is a particular contentious project or application it would be prudent to remind them after the vote. COMMENTS BY THE GENERAL PUBLIC Commissioner Galyen asked why we moved the commissioner comments to the beginning. Mr. Kingwell explained we are following the code and the trying to match the agenda format to the County Commission agendas for consistency. ADJOURNMENT Meeting adjourned at :pm. Minutes Clerk: Eleanor O Donnell Date Approved: December, 0 (Staff Reports are available on the Elko County website at: http://www.elkocountynv.net/meetings/board_of_commissioners/index.html)