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07-25-1994 Council Packet
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07-25-1994 Council Packet
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1; <br />■ii <br />;^,r. ■ <br />r?-" <br />\r< <br />; 'V' <br />ir <br />Ib'^, <br />rt- <br />'•*** <br />9T- <br />K <br />t*-’ <br />H: i. ■ <br />e'-' f'i' : <br />s ' <br />II'if I <br />E^-r' • <br />P- <br />^?1V ‘ <br />r,i <br />l^■ <br />It ; <br />f. <br />iT <br />i. <br />y <br />Request for Council Act! <br />pm2cf3 <br />hOy 21. 1994 <br />Zonii« File #1913 <br />ill I - <br />I II'I*imkations Effectiveness*1 - Afticle Entitled "Aims Heiglit and O <br />I • Specifkations - Unhreml Towers <br />K-Neigtibon’ Petition of Approval <br />L - Before Uniied Stties Cowts of Appeals for the 8th Circuit <br />M - David MacMlIan Letter to Applicant Agnehif to 73* Height <br />N > Robert Miicliell Letter. Attorney for David MacMillan. 6/20/94 <br />O - Covcnaat Not To Sue. David MacMillan <br />P - Hold Harmless Agreement Whitney MacMillan <br />Q • Stamuoo Memo 7/lSm <br />R • Chy Attorney's Drafts of Hold Harmless Agreements and Covenant <br />S • PlamiiM Coimnissioo Minutes 4/18^ <br />AppUcant has an independent tower/antenna stiuctuie at an 83* height without the <br />benefit of a building permit and the required conditional use permit. The anaemia, tower and <br />base were installed by applicant. The strucnne was observed by the inspectors sometime in <br />October of 1993. A^icant was advised of the need to apply for a conditional use permit. <br />Review Exhibit E. it is both the applicant's and owner's preference to have the structure at <br />73* height approved at a 32* setback requiring a setback variance. <br />A copy of applicant*s amateur radio license has been submitted confirming the use as solely for <br />private and hobby use. Applicant resides in resideiiee on property as required by ordinance. <br />The use is subordinaae to or accessory to the priiKipal residential um. The propel is owned <br />by Whitney MacMillan and Mr. MacMillan has sifoed the application as owner. <br />Review Exhibits D. F and K. the property to the immediate cast is owned by David MacMillan. <br />Please note the petition was not been signed by David MacMillan. It is David MacMillan*s <br />property to the east that receives the most impact as structure would be located 32* <br />ftom his west lot line. Review Exhibits M and O. smee the Planning Commiasioo review. <br />David MacMillan hu submitted written confirmation that he would approve a maximum antenna <br />height of 73* at the present location. The applicant has advised that he would agree to altering <br />the antenna to meet the 73* height requested by David MacMillan. <br />Mr. Ttuchinski's tower could be placed on the property meeting all required setimeks if it was <br />moved to the higher elevations to the north and west. Placement of the structure on the higher <br />elevations would have an increased visual impact on all surrounding properties. In feet, the <br />more nothem location would have a greater impaa <mi the David MacMillan properQr than it <br />would in its presem I m i ;I
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