09-12-1994 Council Packet - Laserfiche WebLink

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NUNLTES OF THE REGULAR ORONO Cm' COUNCIL MEETnsiG HELD ON AUGUST 22. 1994 ZONING ADMINISTRATOR’S REPORT (W) #1913 GREG TRUCHINSKI, I5S0 POX STREET CONDITIONAL USE PERMIT/VARIANCE This request involves the installation of an independent tower/antenna installed without a building pennh or required conditional use permit Mr. Truchinsid stated he received the new packet and is in accord with the recommendations. The Council had requested a receipt of fully executed Hold Harmless Agreements by propert>- owner, Whitney MacMiUan and resident, Truchinski. Mabusth stated City had not received an executed one but that David MacMillan, the most-aflFected neighbor, was presem and had agreed to submitting a Coverumt Not to Sue. MacMillan spoke of a need for the City to check into an ordirumce stating height maximum to be 65 ft. after approving a height of 75 ft. He stated he will stand by his agreement, though not happy about the after-the-fact basis. He stated that the neighbors see it as unsightly and fed it brings down the value of property. Truchinski stated he is satisfied with the proposed recommendations. Mabusth clarified that per the current code, there was no hnght limitation as long as the setback is met. City Attorney did not necessarily agree with findings of neighbors ’ attorney and didn’t feel there was a conflict with the ordinance. Hurt questioned as to who is responsible for payment of legal review fees. Mabusth stated there are additional legal costs involved over the onginal appUcation fee. Applicants in signing applications agree to pay for all variable costs not covered with original fee. Mabusth said there is no problem getting these fees paid as they can be put on property tax roll if necessary. Ndghbors signed a petition to allow this variance because the conforming placement would be unsightly due to higher elevation.. David MacMillan read letter from impacted neighbor, Susan Norton, who did not sign the petition, stating the unsightliness and concern for property value. Kelley asked if the City has received any operational complaints since the installation of applicant's antenna. Mabusth noted that the City had received no complaints. Mayor Callahan asked for a motion. Goetten moved for denial of the after-the-fact conditional permit. It was seconded by Jabbour.