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• that is provided to its users; especially for users traveling on Fairview Street, a major arterial and in the surrounding area. ii. Will the proposed use under the circumstances of the particular case be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity? Federal law exempts local jurisdictions from regulating health related issues as these issues are covered under Federal laws. However, the proposed facility will be in compliance with both the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA) safety regulations. iii. Will the proposed use adversely affect the present economic stability or future economic development of properties surrounding the area? The proposed wireless communication facility will be compatible with the surrounding area and will not adversely affect the economic viability in the area as • the project has a stealth design that will maintain the appearance of a pine tree. The development of this facility will assist in increasing the economic stability of the project site. iv. Will the proposed use comply with the regulations and conditions specified in Chapter 41 for such use? The cellular facility, with the exception of the height of the structure, has been designed to be in compliance with the regulations and conditions identified in Chapter 41 for a major wireless facility. v. Will the proposed use adversely affect the General Plan or any specific plan of the City? The proposed monopole will not adversely affect the General Plan as cellular facilities, designed to be compatible with the surrounding environment, are consistent with the goals and objectives of the Industrial (IND) General Plan designation. C. Applicant is seeking Variance No. 2002-10, to allow for relief from the • code limiting the height of wireless communication facilities at 1517 North Fairview Street. Resolution No. 2002-31