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MINUTES OF THE REGULAR ORONO CITY COUNCIL <br />MEETING HELD ON AUGUST 22, 1994 <br />• ZONING ADMINISTRATOR'S REPORT <br />( #4) #1913 GREG TRUCHINSKI, 1580 FOX STREET <br />CONDITIONAL USE PERMIT/VARIANCE <br />This request involves the installation of an independent tower /antenna installed without a <br />building permit or required conditional use permit. W. Truchinski stated he received the <br />new packet and is in accord with the recommendations. The Council had requested a <br />receipt of fully executed Hold Harmless Agreements by property owner, Whitney <br />MacMillan and resident, Truchinski. Mabusth stated City had not received an executed <br />one but that David MacMillan, the most - affected neighbor, was present and had agreed <br />to submitting a Covenant Not to Sue. MacMillan spoke of a need for the City to check <br />into an ordinance stating height maximum to be 65 ft. after approving a height of 75 ft. <br />He stated he will stand by his agreement, though not happy about the after- the -fact basis. <br />He stated that the neighbors see it as unsightly and feel it brings down the value of <br />property. <br />Truchinski stated he is satisfied with the proposed recommendations. Mabusth clarified <br />that per the current code, there was no height limitation as long as the setback is met. <br />City Attorney did not necessarily agree with findings of neighbors' attorney and didn't feel <br />• there was a conflict with the ordinance. Hurr questioned as to who is responsible for <br />payment of legal review fees. Mabusth stated there are additional legal costs involved <br />over the original application fee. Applicants in signing applications agree to pay for all <br />variable costs not covered with original fee. Mabusth said there is no problem getting <br />these fees paid as they can be put on property tax roll if necessary. <br />Neighbors signed a petition to allow this variance because the conforming placement <br />would be unsightly due to higher elevation.. David MacMillan read letter from impacted <br />neighbor, Susan Norton, who did not sign the petition, stating the unsightliness and <br />concern for property value. <br />Kelley asked if the City has received any operational complaints since the installation of <br />applicant's antenna. Mabusth noted that the City had received no complaints. <br />Mayor Callahan asked for a motion. Goetten moved for denial of the after - the -fact <br />conditional permit. It was seconded by Jabbour. <br />40 <br />