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` � � . r �� Clt� o� ORONO �,jr� � _ •IL� . .. .____ ._ _- __ .__ . _.-.. .____ ._. . . 'I'� RESOLUTION OF THE CITY COUNCIL . Q�"• NO. 1359 . � `}�'�z � - � � A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TIMOTHY J. PETERSEN TO PERMIT THE ERECTION OF AN ANTENNA ON A PROPERTY � LOCATED AT 280 ORONO ORCHARD ROAD WHEREAS, the City of Orono is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, pursuant to State Statutes 412 et. seq. and 462 et. seq. the City Council of the City of Orono has adopted zoning regulations for the protection of the public health, safety and general welfare; and WHEREAS, pursuant to 5ection 34. 033 of the Orono Zoning Code, Timothy J. Petersen has applied for a conditional use permit to permit the erection of a 65 foot high antenna at �his rental property legally described as follows: THAT PART OF LOT 2 LYING N A LINE DESC AS FOLLOWS COM AT A PT ON E LINE OF LOT 2 DI'S 224 1 & 10 FT � S FROM S LINE OF LOT 1 TH W AT RT ANGLES 73 'FT TH ' SWLY 239 FT MORE OR LESS TO A PT ON S LINE OF LOT 2 DIS 236 FT E OF SW COR THEREOF ALSO COM AT NW . COR OF LOT 3 TH E 236 FT TH SWLY TO A PT ON W LINE THEREOF DIS 170 FT N FROM SW COR TH N TO BEG; and . jVHEREAS, Ronald L. Trach, fee owner of the above legally described property, has approved the filing of the conditional use permit application by the renter, Timothy J. Petersen, hereinafter referred to as the applicant, of the property located at 280 Orono Orchard Road, hereinafter referred to as the property; and WHEREAS, the applicant and Charles J. Newman, the applicant ' s official representative have assured the City that the antenna is for hobby use only and that the ajustable antenna structure will be kept at the maximum height of 65 ' only when in use and at a 29 ' height when not in use. The applicant will stop all radio transmissions once notified by a neighbor of an interference problem and that he will notify the appropriate agency. The applicant has agreed to work with that agency to determine the cause of the interference problem and to pay for all modifications to neighbor ' s equipment if the interference is caused by the applicant' s radio transmissions; and WHEREAS, upon review of the findings of the Planning Commission a.nd City staff, recorded comments of the neighbors and the written and oral comments of the applicant and the applicants official representative, • the City Council hereby makes the following findings of fact: 1) The property consists of approximately 6 and a half acres and is located within the rural residential zoning district, RR-1B, that requires . a minimum of 2 acres in area per residential lot.