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• MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD DECEMBER 8, 1986 <br />#1083 THOMAS BERNIER, DOUGLAS KLINT & GARY BARR* <br />3535 & 3545 IVY PLACE AND 3034 CASCO POINT ROAD <br />FINAL SUBDIVISION <br />RESOLTUION #2100 <br />It was moved by Mayor Butler, seconded by Councilmember <br />Grabek, to adopt Resolution #2100 approving the Plat of <br />Casco Cove. Motion, Ayes 5, Nays 0. <br />#1087 DAVID ANDERSON <br />860 FOREST ARMS LANE <br />CONDITIONAL USE PERMIT <br />RESOLUTION #2101 <br />David Anderson was present for this matter. <br />City Administrator Bernhardson explained the request for <br />construction of a 50' antenna plus an 8' mast requiring <br />a conditional use permit and a variance to the 30' <br />maximum height allowed. Staff has required that there <br />be a 6' guard around the bottom of the structure and <br />that the applicant provide $100,000 liability insurance. <br />The code requires that the antenna structure be at a <br />minimum distance of 58 feet from all neighbors property <br />lines. The structure will be 45 feet from the side lot <br />line to the north. The antenna structure will require a <br />setback variance of 14 feet. Council did note that the <br />antenna would be located 77 feet from the house on the <br />affected property. <br />Mayor Butler was concerned that if the antenna fell <br />down it would only fall down on the owner's property. <br />Zoning Administrator Mabusth stated that the applicants <br />property could not meet the setback standard being the <br />nearest property is 45' +. <br />Mr. Anderson noted that he was issued a permit to <br />install the footings for the structure which has been <br />completed. He stated that Orono ordinance does not <br />specifically address the height. of an antenna structure <br />noting that a recently FCC ruling provides an exception <br />to municipalities regulating the height of amateur radio <br />communication towers. The proposed structure is <br />screened from the neighbor by bushes and the neighbor <br />has submitted a letter of acknowledgement. <br />Councilmember Grabek stated that he felt letters of <br />acknowledgement should be provided by the neighbors on <br />both sides of the applicant's property and also across <br />the street. Upon receipt of those letters of <br />acknowledgement, he would not be opposed to approving <br />the antenna structure. In addition, he recommended that <br />the neighbors be advised if they experience interference <br />problems they should direct their complaints to the FCC. <br />9 <br />