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ORONO PLANNING COMMISSION MEETING SEPTEMBER 17, 1990 <br />ZONING FILE #1588-0.8. WEST NEW VECTOR CONTINUED <br />Mr. Gopinath stated that it is possible for U.S. West to go <br />back to the drawing board and determine another search area that <br />would provide the same results. <br />There were no further comments from the public and the <br />Public Hearing was closed. <br />Kelley said, "Before we address the other aspects of this <br />application, we should consider whether or not the Planning <br />Commission will approve this Conditional Use." <br />Mabusth asked the Planning Commission whether they interpret <br />the code in such a way that permits this use. She said, "If you <br />consider the Code section relative to accessory uses, this <br />Conditional Use Permit application for a public service structure <br />does not fit. I don't believe there is a section of the Code <br />that addresses this use. If this were to fall within the <br />guidelines for a public service structure C.U.P., there must be a <br />50' setback. The standards for a Ham radio structure do not <br />apply. I'm not sure that our Code at this time allows this <br />structure in a residential zone. I believe it would be <br />appropriate to have a legal opinion from the City Attorney." <br />Kelley asked whether the legal opinion should be rendered <br />before the Planning Commission makes a recommendation. <br />Mabusth believed that may be an appropriate was to proceed. <br />Councilmember Callahan said, "If the Planning Commission <br />should recommend denial of the C.U.P. then there would be no need <br />for the City Attorney to render an opinion." <br />It was moved by <br />denial of the C.U.P. <br />within a residential <br />Nay. Motion carried. <br />Kelley, seconded by Bellows, to recommend <br />for a free-standing antenna to be located <br />zone. Motion, Ayes-5, Johnson, Rowlette, <br />#1589 MARCUS AND JUDY BLUE <br />2160 CRYSTAL AVENUE <br />VARIANCES <br />PUBLIC HEARING 8:15 P.M. TO 8:19 P.M. <br />The Affidavit of Publication and Certificate of Mailing were <br />duly noted. <br />Mr. and Mrs. Blue were present. <br />Mabusth provided a brief review of her memo dated September <br />13, 1990. She added that she has asked Mr. Blue to provide a <br />drawing of the elevations. <br />Mr. Blue showed the Planning Commission his sketch of the <br />- 13 - <br />■