HomeMy WebLinkAboutResolution 1115 ,
C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
• NO. ����
• - • •
A RESOLUTION DENYING A CONDITIONAL USE PEPs�IIT
TO TIMOTHY PETERSON
WHEREAS, the City of Orono is a municipal corporation
organized and existing under the laws of the State of Minnesota; and
WHEREAS , the City has adopted a comprehensive plan and
zoning ordinances for purposes of assuring the orderly, economic and
safe development and use of land in the City, pursuant to the
authorities and jurisdiction vested in the City by Minnesota Statutes
412 and 462 , et. seq. ; and
WHEREAS, Timothy Peterson of 280 Orono Orchard Road South
has applied to the City for after the fact approval of a Conditional
Use Permit for construction of an amateur radio antenna on property
located at that address, pursuant to Section 34 . 033 of the Orono
Municipal Code; and
V�HEREAS, after review of said application by the City staff
and the Planning Commission, the City Council makes the following
findings of fact: �
1. Section 34 . 033 of the Orono Municipal Code requires
approval of a Conditional Use Permit for erection of one
antenna structure on any residential lot which structure
may not exceed 65 feet in height. More than one antenna
per lot, or any antenna in excess of 65 feet high �S not
permitted by this Ordinance.
2 . The State Building Code has been duly adopted by the
City of Orono as the City Building Code, has been enforced
as such since 1961, and has been consistently readopted for
- each successive new model code edition, including the
January 23, 1979 adoption of Ordinance 216 adopting the
1978 State Building Code and, by reference therein, the
1976 edition of the Uniform Building Code.
3. Section 301a of the State Building Code requires a
building permit for the erection, construction, enlaraement,
alteration, repair, moving, removing, converting or :
demolition of any building or structure in the City.
4 . The definition of structure in the State Building Code
and the Orono Zoning Code includes radio antennas.
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RESOLUTION OF THE CITY COUNCIL
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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.
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C�t� o� ORONO
RESOLUTION OF THE CITY COUNCIL
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14 . On December 11, 1979, the applicant made certain
promises to the City Council regarding assistance to his
neighbors with any interference problems, enclosing the base
of the tower to prevent climbing, limiting the use of his
equipment to the terms of his amateur license, applying for
a building permit, supplying engineering certification of
the tower' s structural integrity, and physically reducing
the height of the tower to within permitted dimensions by
agreed upon dates, all in return for the City approving a
conditional use permit for his one existing tower, as
modified.
15. The City staff prepared a resolution and agreement to
the above effect for the applicant to sign prior to the
January 15 , 1980 City Council meeting. The applicant, however,
chose to significantly modify the resolution changing dates
of compliance as well as omitting all limitations to "one"
antenna.
16. On January 15, 1980, the applicant did not appear at
the Council meeting but several neighbors did appear telling
stories of continued interference and no cooperation from
the FCC. The Council chose not to adopt the altered resolution
and instead asked staff to arrange a meeting between the
applicant and his neighbors to allow them to resolve their
interference problems.
17. Staff attempted to arrange said meeting, but the applicant
refused to attend or to assist his neighbors in any way.
18 . On January 30, 1980 , the applicant appeared before the
City Council and withdrew his application, promising to have
the tower removed by "Friday, February l, 1980" .
19. As of this date, after several discussions between the
applicant and the City Attorney with repeated promises to
have the tower removed "within the week" , the tower remains
in place and in use.
20. The City on January 16, 1980, received a letter from .
Chester Zimniewicz, a registered civil engineer, stating that
he had "analyzed and investigated the tower as constructed
and finds that it meets or exceeds the requirements of the
Uniform Building Code, 1976 Edition" . On February 13, 1980,
the City received a call from Mr. Zimniewicz requesting the
address and telephone number of Mr. Petersen and/or his
attorney so he could bill for his services. The tone of the
call indicated that Mr. Zimniewicz may never have been on
the property to see or inspect the tower. ,
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RESOLUTION OF THE CITY COUNCIL
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21. On February 21 , 1980, the City Engineer received a
response from the applicant stating his equipment had been
tested by the FCC and found to be in compliance with FCC
regulations, indicating continued use three weeks after
his withdrawal of the conditional use permit application.
The applicant again stated promises to have the tower removed
"within a few days" but supplied a telegram from a contractor
indicating no intent to remove the tower until after
March 20, 1980.
22 . The applicant does not own the subject property upon
which the tower is built and has indicated that he intends
to vacate the property in May, 1980, one year after the
original erection of the subject tower.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Orono, in consideration of all the foregoing facts and circumstances,
hereby makes the following findings and orders:
l. Mr. Timothy Petersen of 280 Orono Orchard Road has
withdrawn his application for a Conditional Use Permit
and Variance as made on July 20, 1979.
2. Nir. Petersen has not complied with the ordinances of
the City nor with the promises he has made to the City.
3. Even if Mr. Petersen had not withdrawn his application,
the City Council hereby finds that there have been sufficient
adverse impacts demonstrated and that there has been no
reliable documentation of use, structural stability or
safety precautions to justify approval of the Conditional
Use Permit and that the Council would have, and hereby does,
deny said application.
4 . The City Staff and City Attorney are directed to enforce
the ordinances of the City and to prosecute non-compliance
with said ordinances including the seeking of an injunction
for immediate removal of the antenna from the property if it
remains in place after March l, 1980.
Adopted by the City Council of the City o Orono t �,S day of
-� ,
, 1980.
I �
AT ST Wi liam B. an Nest, Mayor
� Walter enson, City Administrator
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