HomeMy Public PortalAbout1982-001A/ in/ eY,Y a, c2/
('4��v/iv1/en. Z d CITY OF MEDINA
RESOLUTION OF THE CITY COUNCIL
No. ff.Z -/
A RESOLUTION GRANTING A CONDITIONAL
USE PERMIT AND A VARIANCE TO MARK FRANKLIN
WHEREAS, the City of Medina 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 the purposes of protecting the public
health, safety, and morals and assuring orderly development of
the residential, commercial, industrial, recreational and public
areas in the City; and
WHEREAS, Mark Franklin of 1461 Willow Drive has applied to
the City for after the fact approval of a Conditional Use Permit
for construction of amateur radio towers on property located at
that address, pursuant to section 408 (11) of the City of Medina
Zoning Ordinance; and
WHEREAS, Mark Franklin of 1461 Willow Drive has applied to
the City for a Variance to the provisions of the Medina Zoning
Ordinance Section 408 (11) for construction of amateur radio
towers on property located at that address, pursuant to section
506.2 of the City of Medina Zoning Ordinance; and
WHEREAS, Mr. Franklin's radio towers are situated in the
rear of his home at 1461 Willow Drive and do not pose a danger to
the safety of other property owners; and
WHEREAS, Mr. Franklin's towers are situated near high -power
electrical utility lines and poles which can interfere with radio
transmission; and
WHEREAS, radio transmission from towers erected at a height
in conformity with Medina Zoning Ordinance 408 (11) would substan-
tially curtail Mr. Franklin's use of his radio and restrict him
in the exercise of his First Amendment right to freedom of speech
as guaranteed by the United States Constitution; and
WHEREAS, after review of said application by the City staff,
the City -Council makes the following findings of fact:
1. Section 408 (11) of the City of Medina Zoning Ordinance
requires approval of a Conditional Use Permit for
erection of an antenna structure which structure ex-
ceeds five feet in height above the principal struc-
ture. No antenna exceeding a height of 1 1/2 times the
principal structure's height or twice the distance of a
structure's side yard setback, whichever is less, shall
be permitted.
2. Mr. Franklin erected a forty-seven foot tower next to
his garage and a 110 foot tower in the rear of his home
without seeking or obtaining either a Conditional Use
Permit, a Variance or a Building Permit from the City.
3. After notice by the City, on July 28, 1981, Mr. Franklin
made application to the City for a Conditional Use
Permit to construct three radio towers of a height of
47, 90, and 140 feet, respectively. On July 29, 1981,
the City Zoning Administrator issued a stop work order
involving the construction of those towers.
4. On August 11, 1981, a public hearing was held before
the City of Medina Planning Commission to discuss the
Conditional Use Permit application. At this meeting,
several neighbors residing within the approximately
eighty home subdivision bordering Mr. Franklin's
property were heard to complain of radio and television
interference allegedly caused by the use of the radio
towers. At the conclusion of this meeting, the Planning
Commission recommended a denial of the issuance of the
Conditional Use Permit.
5. On November 3, 1981, the Medina City Council reviewed
the action taken by the Planning Commission. At this
meeting Mr. Franklin explained that he operates his
radios as a hobby and believes a need for the towers to
exist because he transmits on various frequencies. Mr.
Franklin also agreed to child -proof the towers, to
landscape the area with trees, and to address the
complaints of neighbors who are experiencing interfer-
ence problems. The application for the Conditional Use
Permit was tabled at this time for evaluation and
recommendation by the City Attorney.
6. On December 1, 1981, Mr. Franklin filed an application
for a Variance to the provisions of Medina Zoning
Ordinance 408 (11) for the erection and use of radio
antenna structures on property at 1461 Willow Drive.
This application and the application for the Condi-
tional Use Permit were tabled to permit Mr. Franklin to
submit information concerning the height of surrounding
trees and power lines and the distance from the tower
to the utility lines.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the
City of Medina hereby grants a Conditional Use Permit to Mark
Franklin for the erection and use of two radio towers on property
at 1461 Willow Drive, and herebygrants a Variance to the pro-
visions of the Medina Zoning Ordinance Section 408 (11) to Mark
Franklin for the erection and use of two radio towers on said
property, subject to the following conditions and subject to Mr.
Franklin's agreeing to those conditions by signing of this
Resolution
1. This approval shall be for two radio towers. Such
structures shall be located next to Mr. Franklin's
garage and in his backyard at 1461 Willow Drive. The
garage tower shall not exceed a height of forty-seven
feet and the yard tower shall not exceed a height of
seventy feet, inclusive of a ten -foot antenna addition.
2. The antenna base shall be encased or altered in such
manner as to prohibit or restrict climbing of the
structure.
3. The Conditional Use and Variance Approval shall be
subject to the condition that Mr. Franklin respond to
the complaints of neighbors of television or radio
interference and expeditiously take the necessary steps
to correct the interference problems.
4. The use of the antenna shall be limited to amateur
hobby purposes.
5. No later than January 12 , 1982, the applicant shall
apply to the City for a building permit for the antenna,
which permit application shall include certified engi-
neering drawings or data sufficient to prove the struc-
tural integrity of the antenna at the approved height,
including the correct footings, foundation, or guying
required, all as required for conformance with State
Building Code requirements.
6. After receip of a building permit, but in no case
later than �%,,,_, 2. 6 , 1982, Mr. Franklin shall cause
the existing 110 foot tower to be reduced to sixty feet
or less, and shall cause all other work to be accom-
plished to assure the structural integrity of the tower
pursuant to the certified engineering requirements.
7. After completion of the height reduction, but in no
case later than ft /5 , 1982, Mr. Franklin shall
deliver to the City a record certificate of survey
-attesting to the corrected height of the antenna.