The Cherry County Planning Commission met in regular session on this date September 1, 2009 as per notice in the Valentine Midland News with the agenda being on file in the Cherry County Zoning Office. Present at this meeting were George Johnson, Herb Pabst, Rob Lee, Coby Billings, Jeannette Kraus and Sherrill Shadbolt. Also present was Zoning Administrator Kathy Hammond.

The meeting was called to order at 4:40 P.M. by Chairman George Johnson. The open meetings act notice was announced. Rob Lee made a motion to approve the August 4, 2009 minutes. Jeannette Kraus seconded the motion. Roll call vote was taken. George Johnson-aye. Herb Pabst-aye. Rob Lee-aye. Coby Billings-aye. Jeannette Kraus-aye. Sherrill Shadbolt-aye. The motion carried.

At 5:00 P.M. as advertised, Chairman Johnson declared the public hearing open to consider two conditional use applications authorized under Article 10 of the Cherry County Zoning Regulations, to construct a 195’ self supporting telecommunications tower and a 9’ x 17’building for electrical equipment in part of the NW ¼ of Section 11, Township 28 North, Range 28 West, and in part of the NW ¼ of Section 18, Township 31 North, Range 27 West, of the 6^th P.M., Cherry County, Nebraska. Said conditional use requests has been filed Richard Bailey for Viaero Wireless. Present for the hearing was Richard Bailey for Viaero Wireless and area landowner Jim Lee. Questions were answered regarding the lighting, height of the towers and the site location. Chairman Johnson closed the public hearing at 5:30 P.M. Herb Pabst made a motion to recommend approval to the Board of Commissioners for the two Conditional Use Permits as presented. Jeannette Kraus seconded the motion. Roll call vote was taken. George Johnson-aye. Herb Pabst-aye. Rob Lee-aye. Coby Billings-aye. Jeannette Kraus-aye. Sherrill Shadbolt-aye. The motion carried.

The Board reviewed the Zoning Regulations for Wind Energy Conversion Facilities. It was the consensus of the Board to further research the setbacks before making any decisions.

Rob Lee made a motion to excuse Wayne Eatinger, Gene Schlueter and Gary Swanson. Herb Pabst seconded the motion. Roll call vote was taken. George Johnson-aye. Herb Pabst-aye. Rob Lee-aye. Coby Billings-aye. Jeannette Kraus-aye. Sherrill Shadbolt-aye. The motion carried.

The next Cherry County Planning Commission meeting will be October 6, 2009 at 4:00 P.M.

Chairman George Johnson adjourned the meeting at 6:15 P.M.

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George Johnson, Chairman Date