10-08-1990 Council Packet - Laserfiche WebLink

Home Browse Search

Zoning File #1588 October 5, 1990 Page 4 prefabricated equipment building. A gravel drive will be installed along the west and north sides of this structures located to the exterior of the fenced area to provide access and parking for service vehicles. The wetlands shown on the plan has been designated per the City's wetland maps, not be and OHM determination. Please review Exhibits E and U. The applicants addendums that review the background and needs of the applicant, search area criteria, application of local zoning requirements, supportive data to confirm selection of site, sections measuring impact upon adjacent residential homes and findings to support use related to Orono's conditional use criteria. Zoning Concerns The applicant has applied under Section 10.iO, Subdivision 3 (D) for a conditional use permit for a public service structure. Specifically a 150' high tower and antenna structure to service cellular phone customers within a 3 mile radius aiea. Applicant has also applied under Section 10.20, Subdivision 4 (H) which classifies antennas as accessory uses to the principle use which in this instance is a public service structure. Is the antenna both a conditional use and accessory use? It is not clear if the applicant proposes the antenna structure as accessory to the principle church use on the property. In previous applications when dealing with free standing antennas for ham radio operators, the City considered Section 10.20, Subdivision 3 (K), but the antenna was to be subordinate or accessory to the prirciple residential use. The application of this section of the code could not pertain to this application because the Church is the principle use, permitted via a conditional use permit. In Section 10.20, Subdivision 3 (D), the only setback required under this s^^rtinn is a 50' setback for all public service structures. Section 10.75, Subdivisions 1 and 2 are only applicable to height considerations for antenna structures. It is only Section 10.20, Subdivision 3 (K) that provides standards for setbacks that relate to the height of antenna structures. Note that Section 10.20, Subdivision 4 (H) discusses antennas as accessory structures that are attached to principle or accessory structure. The applicant proposes a free standing 150' high tower and antenna structure. In recent discussions with the City Attorney, Section 10.03, Subdivision 7 was noted advising that only one principle building can be located on a lot. Section 10.20, Subdivision 3 (B) Churches and Subdivision 3 (D) Public Service Structures are considered two principle permitted uses, thus the two uses could not be on the single lot. The antenna structure is clearly not accessory to or subordinate to the principle use on the property, the Church. The antennas are not noted in the definition of public services as buildings or major structures located above ground are not permitted. There is no mention of antenna-like