07-25-1994 Council Packet - Laserfiche WebLink

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il7. 1^. ^4 u ^ : 4 • r AA oi4 *1 Ic ■ .. i POPHAM HAIK MEMORANDUM 3300 Pi(wr J^tny Towtr 222 SoMh Niaih Sacet MioneapoUs. Mtoaefoca 53402 (012) 333-4800 VTA FACSIMILE DATE: Jem Mabusdw Qty of Oroao Kevin P. Staunion^V\*4 Tiochinski Condid<M U$e Permit Application July 18. 1994 ] <1 I am wiiting in response to your request for advice on the above-referenced maner. You initially asked us to look into two issoes afisinf out of the Tnichinski applieaiion. First, you asked for malyiis of attorney Robeit Mi(chell*s June 20.1994 letter legaidinf the law governing the City's ability to deny the application for a conditional use permit Mr. Mitchell represents Mr. and Mrs. David D. MacMillan. Mr. Truchinaki's neighbors. Since your original request you have indicated that you no longer want m analysis of Mr. Mitchell's opinion. We have diseontinoed our work on that analysis. Please note, however, that our preliminary analysis is not entirely consistent with Mr. MitchelTs analysis of the issue. Let. me know if you would like work on this issue completed. Your second inquiry related to Mr. Ttuchinski's request for a variance regaidittg the location of his radio tower. Apparently, the radio tower is located dose enough to the adjoining property (owned by Mr. md Mis. David MacMillm) that, were it to fall it could faU on to the MacMnim's proper^, potentially causing damage there. Although the current location of the radio tower is closer to the adjoining property thm is allowed by the code (and consequently. Mr. Truchinski needs a variance}, the terrain of the applicmt's property is such that placement of the radio tower on a portion of the property which would comply with the code would require the tower to be positioned on higher ground thm its current location, thereby resulting in m ultimate height above sea level that is higher thm the current height Although die neighbors at one point had objected m the height of the tower at its present location, they have made it clear that they prefer the tower in its presmt location for aesthetic reasons. r - V 2lM2QSU9t 7/11/94 ..f- ■ • r ::i v».«- .» . '.-v . * . i.. ■ rtnfrs;«»r vr ^"il