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~~ ~I Minutes June 2l~, 19 76 Page Three Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Moved by Acting Mayor Black, seconded by Councilman Ecklund to S"~JIMMING POOL: approve the request for installation of a swimming pool, 30 feet JAMES McGUIRE by 15 feet, ~ feet above ground level, as submitted by James 1529 Tr1. IOWA McGuire, 1528 West Iowa Avenue. Upon a vote being taken, the following voted "aye": Acting Mayor Black, Councilmen Ecklund and Steele, and the following voted "nay": None. Motion carried. Charles Soderberg, 1l~52 West Idaho Avenu®, has submitted a con- ditional use request to build a radio tower at 1452 West Idaho Avenue. When this matter was brought before the Planning Com- mission, June 1l~, 1976, it was their concensus that such con- struction would require both a variance and a conditional use application. They also asked that the matter be ref erred to the City Attorney for his opinion concerning the application of Ordinance No. 6l~. The Attorney's opinion was: VARIANCE AND CONDITIONAL USE REQUEST: TO CONSTRUCT RADIO TOWER, CHARLES SEDERBERG, 1l~52 WEST IDAHO 1. g television or radio tower is an accessory use and the applicant must secure a conditional use permit from the Council for such accessory use in an R-1 district; 2. If the Council determines that the applicant is entitled to a conditional use permit, the tower may not exceed twenty-five feet in height; 3. There is no authority to increase the height limitations by fifty percent under Section 15 of the ordinance; 1~. The Council could grant a variance and a conditional use: the conditional use for the basic structure and the variance to allow the structure to exceed twenty-five feet in height..... Acting Mayor Black reviewed the minutes of the Planning Commission meeting of June 1l~, 1976, at which time a motion was made to approve the conditional use request, however, the motion failed. Charles Soderberg described the ~.0 foot tower and antenna he is proposing to build on his property. He referred to various legal cases and city ordinances concerning the construction of amateur radio towers and antennas. It was noted that the neighbors on both sides of Mr. Soderberg had no objection to the erection of the tower, but the neighbor to the rear did object.