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MEETING <br />To: Mary Butler, Mayor <br />Mark E. Bernhardson, City Administrator DEC' 81986 <br />Orono Council Members <br />Orono Planning Commission Members €T`Yr OR0NO <br />From: Jeanne A. Mabusth, Zoning Administrator <br />Date: November 10, 1986 <br />Subject: #1087 David W. Anderson, 860 Forest Arms Lane - <br />Conditional Use Permit - Public Hearing <br />Zoning District - LR-1B <br />Pertinent Ordinances: <br />Section 10.20, Subdivision 3 (M) <br />Section 10.75, Subdivision 1 & 2 <br />List of Exhibits <br />Exhibit <br />A <br />- Apnii-ation <br />Exhibit <br />B <br />- Applicant's Addendum <br />Exhibit <br />C <br />- Property Owners List <br />Exhibit <br />D <br />- Plat Map <br />Exhibit <br />E <br />- F.C.C. Opinion & Order <br />Exhibit <br />F <br />- Amateur Radio License <br />Exhibit <br />G <br />- Building Permit #6195 <br />Exhibit <br />H <br />- Site Plan <br />Exhibit <br />I <br />- Antenna Elevation <br />Exhibit <br />J <br />- Electrical Diagram <br />Exhibit <br />K <br />- News - F.C.C. - Report No. PR-9 <br />Exhibit <br />L <br />- Sample Bulletins/Rulings Pertaining to Amateur Radio <br />Operators Association <br />Exhibit <br />M <br />- Design Specifications for Tower <br />A. Review of Local Ordinances, Recent F.C.C. Rulings and Current Practice <br />for Issuing Local Permits by Staff: <br />Section 10.20, Subdivision 3 (M) would require a conditional use <br />permit for any independent antenna structure. Such structure would be <br />limited to 65 feet in height and setback from any lot line a distance equal <br />to the total height of the antenna structure. <br />In 1975, the Code was amended by adding Section 10.75, Subdivision 1 & <br />2. It has never been clear whether this meant that an antenna structure <br />could exceed the 65 feet height with yet another conditional use permit to <br />a 102.5 height and per Subdivision 2 can exceed even greater heights with a <br />conditional use permit. <br />Staff has interpreted the 1975 amendment (this interpretation has been <br />in effect since this staff member joined the City) to mean that any <br />structure specifically cited in this Section is permitted at the 30 feet <br />height but anything in excess must be approved via a conditional use permit <br />but cannot exceed 45 feet in height (50% increase) - Subdivision 2 rather <br />than requiring a variance for additional heights still requires a <br />conditional use permit. These sections must be amended. <br />