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_ Clt� of ORONO RESOLUTION OF THE CITY COUNCIL • No. ///� • - . • 5. Radio antennas are regulated as "towers" , Group M-2 occupancy in Chapter 15 of the State Building Code. 6 . Peterson erected a 90 foot high antenna in May, 1979 , without seeking or obtaining either a Conditional Use Permit or a Building Permit from the City. 7 . After notice by the City, on July 20, 1979 , Peterson made application to City for a Conditional Use Permit and for a Variance to allow construction of the antenna in excess of 65 feet high. 8 . Peterson' s application was for two antenna structures, one 85 feet high (the existing antenna) and one 120 feet high (a proposed antenna) . The purpose was stated as "commercial and hobby use" . The application thus included application for variance to the number of antennas, the height of both antennas, and the setback requirement from the property lines . 9 . Based upon this application, the number of variances sought and the lack of any demonstrated hardships pursuant to the requirements of Section 32 . 340, the Planning Commission on September 10 , 1979 , recommended denial of the application. 10 . After the Planning Commission meeting, on November 7 , 1979 , the applicant amended his proposal to the one existing antenna, deleting "commercial use" and deleting the second proposed antenna. The height of the existing antenna was verified by survey as 91. 3 feet and the true setback as 92 feet. Thus the application continued as a Conditional Use Permit application with one variance sought for height above 65 feet. 11. On November 15 , 1979, the applicant was cited by the City for repairing or altering the antenna structure without a building permit and prior to obtaining a Conditional Use Permit. Despite the after the fact original construction these were the first such citations used. 12 . At the December 11, 1979 Council meeting, the applicant personally appeared before the Council for the first time, and after discussion, the applicant further amended his application by offering to reduce the height of the antenna to 65 feet or less, thus withdrawing any variance application. 13 . The applicant has submitted to the City a copy of his FCC amateur radio license. PAGE 2 OF 4 .