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.CEIVED <br /> <br /> July 22, 2004 · <br /> <br /> City Attorney <br /> City of Eugene360 East 10th Ave:, .Suite 300 . <br /> Eugene, OR 97401 · <br /> <br /> Re: Amendments to Cell Tower Ordinance:' (Eugene Code Section 9.5750) <br /> <br /> This is in addition to my comments dated July 20. 2004. <br /> <br /> The last item addressed in your revision is "Fees." The change from. "may" to "shall" <br /> does strengthen this provision. Yet the "shall" seems to only ensure that a fee is required <br /> to cover the costs of an independent peer review of technical information. Yet given the <br /> history of this provision (to my knowledge it has never been utilized), there seems no <br /> langUage providing guidance as to when independent technical review is needed. It <br />· would seem the letter of the law would only guarantee the funds be available. <br /> <br />Of course, there would be times when a review would not be required- e.g. in an <br />industrial area with no homes or schools in the vicinity. However, say that a service <br />provider seeks a variance to site closer than the 1000 ii or 800 ii setback, it would seem <br />then that independent technical review of that application, should be mandatory. <br /> <br />Again, thank you for this opportunity. <br /> <br />l~mber: Citizens for ~ Placement of Cell Phone Transmission TowerS <br />87140 Territorial Rd. ~ <br />Veneta, OR 97487 <br /> <br />Also,' a Eugene home owner <br /> <br /> · · IV-56 <br /> <br /> <br />