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<br />. ? <br />, <br /> <br />NOTE TO COUNCIL: U.S. DISTRICT COURT CASE AVAILABLE AT COUNCIL MEETING; NOT <br />COPIED DUE TO ITS LENGTH. <br />]AME$. S. LYNDEN <br />ATTORNEY AT LAw - <br />. <br /> <br /> <br /> <br /> <br /> <br />October 7, 1987 <br /> <br /> <br /> <br />Ms. Patricia J. Morrison <br />Clerk-Administrator <br />City of Arden Hills <br />Ci ty Hall <br />1450 West Highway 96 <br />Arden Hills, Minnesota 55112 <br /> <br />Re: Case No. 87-28, Joseph Kahnke--Revised Proposal <br /> <br />Dear Pat: <br /> <br />Several weeks ago I received a phone message from Joseph <br />Kahnke advising me not to prepare the special use permit pursuant <br />to the Council's action at the September 14, 1987 Council <br />. meeting. He was concerned that Special Condition No.4, which <br />said that no horizontal mass could be attached to the antennae, <br />would effectively destroy the purpose of the antennae--i.e. to <br />send out and receive ham radio messages. <br /> <br />Subsequent to the phone message, I received a phone call and <br />then a letter from Mr. Kahnke's attorney, John B. Bellows, Jr. <br />He is a ham operator himself. A copy of' his October 1, 1987 <br />letter as well as the enclosures included therewith are enclosed. <br />The thrust of the FCC Memorandum Opinion and Order, dated <br />September 16, 1985, is that <br /> <br />" . . .local regula tions which involve placement, <br />screening, or height of antennas based on health, safety <br />or aesthetic considerations must be crafted to <br />accommodate reasonably amateur communications, and to <br />represent the minimum practicable regulation to <br />accomplish the local authority's legitimate purpose" <br />(Page 10 of the Order). <br /> <br />The provision in the City's Zoning Ordinance involved in <br />this case may not necessarily run afoul of the FCC Order because <br />it merely requires that certain guidelines and criteria be used <br />by the Council and the Planning Commission in scrutinizing and <br />granting a permit for the proposal. Special Condition No. 4 may, <br />. however, be contrary to the mandates of the FCC Order. <br /> <br /> <br /> <br /> <br />(612) 223-5436 (612) 297-6400 <br />800 AM HOIST TOWE" ST. PAUL, MINNESOTA 55102 <br /> <br />-------- <br />