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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.