HomeMy Public PortalAbout1982-028CITY OF MEDINA
RESOLUTION OF THE CITY COUNCIL
NO. 8-? " a 1
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, commerical, industrial, recreational and public
areas in the City; and
WHEREAS, Mark Franklin of 1461 Willow Drive has applied to
the City for a Conditional Use Permit for construction of two
amateur radio towers on property located at that address, pursuant
to section 408 (11) of the City of Medina Zoning Ordinance; and
WHEREAS, Mr. Franklin's proposed 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 proposed 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 exceeds five feet in
height above the principal structure. 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.
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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 interference 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 Conditional 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.
7. On u 5 , 198.L , the City Council granted Mr. Franklin
a onditio al Use Permit and a Variance for the erection of
two radio towers, at heights of forty-seven and seventy
feet, inclusive of a ten -foot antenna addition, respectively.
8. Mr. Franklin disassembled his towers and on September 19,
1982 requested permission to construct two sixty foot
towers, one near his garage and the other behind his house
at the above address.
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 hereby grants 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,
respectively. Neither tower shall exceed a height of
p..R shy feet.
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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 / , 1983, the applicant shall
apply to the Cit for a building permit for the antenna,
which permit application shall include certified
engineering drawings or data sufficient to prove the
structural integrity of the antenna at the approved
height, including the correct footings, foundation, or
guying required, all as requried for conformance with
State Building Code requirements.
6. The tower foundation should be located such that no
portion of the tower or antenna encroaches utility
lines.
7. Mr. Franklin shall pay a portion of the costs incurred
for legal, engineering and administrative matters in
the amount of $
8. Mr. Franklin shall be estopped from seeking another
Conditional Use Permit or Variance in connection with
these radio towers for a period o - aura f_h -fre t e
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9. Violation of any of these conditions shall be a viola-
tion of the ordinance of the City, shall constitute a
misdemeanor punishable by a fine of up to $500 and/or
90 days in jail, and shall be cause for immediate
review and revocation of this approval. If the correc-
tions are not completed by the specified dates, the
City Attorney shall prosecute the non-compliance and
shall seel an injunction for immediate removal of the
antenna from the property.
10. This approval shall automatically expire upon removal
of the antenna from the property or upon Mr. Franklin's
vacating of the premises.
Dated:
/7 , 198o2.
omas Anso ;Mayor
ATTEST:
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Donna Roehl, Clerk
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The motion for the adoption of the foregoing resolution was duly
seconded by memberl*J,1 red S�eref and upon vote being taken
thereon,/the following members voted in favor thereof:
Sct,urs{� 47dG.lS.->, CrUS b��
and the following voted against same: teee6eKL u 72
Whereupon said resolution was declared duly passed and adopted.
I hereby agree to the ten conditions of approval listed
above.
%1 11 /C 7J
Mark Frain, Applicant ate