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LINDQUIsr &. VENNUM 4200 OS Cturviii $0 Souru iiGHTM Smtfrrl4M«90tA SMOg aw <br />3?i J207 <br />N« OtfiMII LMHIUir*•W iTtm $vi«iT Sim 2ia Dfimii CoiOMMD «B02 M01 <br />^ruPNOMf <br />krfornm^^ At Um» <br /><•19 l?i <br />June 20, 1994 <br />CiVO«>a«o W!CWVW> <br />too Kallcy BoukvMd JUH 2 2 1W4 <br />LoMLakc. MN 553S6 <br />CITY C.= CSO'C <br />Rc: Application No. 1894/1913 <br />Grcf Trochimlu <br />1580 F or Street <br />Radio Tower <br />Ladies and Gentlemen: <br />We represent David MacMillan who lives at 387 Orono Orchard Road South. <br />The David MacMillan property is adfacent to the Truchinski property on the north and <br />east and the radio tower in question is in view from the MacMillan land extending above <br />the tree tops as it does. We arc told that the radio tower is now 85 feet tall, but that hat <br />not been verified. <br />I am fafftiliar with the assertion that the height of an amateur radio tower is <br />exempt from local land use regulation under the theory that the Federal Communications <br />CooHittMioii, a federal imency, has preempted local land use control of the height issue. <br />This is not correct. I enclose a chart showing cases decided since the FCC action, <br />generally known as PRB-1 adopted September lA 1985. and the PtnlCl Yl. McndOtt <br />Height* case filed January 18, 1993. Those cases show that the courts have adopted a <br />balancing test between the interests of the local community, its residents and the land use <br />regulations desqpied to protect those interests, the interests of the property owner who <br />wishes to have an amanrur radio tower and the interests of the FCC. As you can sec <br />the chart, tower heights in the 85 foot range are the norm.f14.! 1 <br />The next level of legal inquiry goes to whether the local community regulates <br />amateitf radio tower heights, either generally or specifically The answer in Orono a that <br />there has always been a general height regulatKm concerning structures (i.e. 30 feet in <br />Zone R-IA, § ia20. subdtviaiim 5(A)), which includes radio towers, but in addition, to <br />your ordiaance adopts on April I. 1984, you have a specific provision which applies to <br />raifio mwers tike the Greg Truchmski radio tower. Let me exf^ain.