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HomeMy Public PortalAbout1984-030e/..ley^ Member introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO. fi// -3U RESOLUTION GRANTING A CONDITIONAL USE PERMIT AND A VARIANCE TO RALPH SCHLOSSER AND MCl/CELLCOM CELLULAR 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 to assure an orderly development of the residential, commercial, industrial, recreation and public areas in the City; and WHEREAS, MCl/Cellcom Cellular (MCI) is a joint venture of which MCI, Minnesota Cellular, Inc., and Cellcom Telephone Company jointly own 830. MCI has been granted permission by the Federal Communications Commission to construct a cellular mobile radio telephone system to serve the Minneapolis - St. Paul metropolitan area; and WHEREAS, MCI has applied for a conditional use permit and variance to construct a 225 foot tower and associated facilities in the Cityon property owned by Ralph Schlosser; and WHEREAS, Section 408 (11) of the City of Medina Zoning Ordinance requires approval of a conditional use permit for erection of a antenna structure which structure exceeds five feet in height above the principal structure. No antenna exceeding the height of one and one-half times the principal structure's height or twice the distance of the structure's side yard setback, whichever is less, is permitted; and WHEREAS, a variance to Section 408(11) of the City of Medina Zoning Ordinance may be issued to MCI because the ordinance imposes the following undue hardship to the applicant in the use of the land: Compliance with the ordinance would prohibit construction of a tower tall enough to complete a coordinated network of low power transmitters to provide continuous, uninter- rupted voice service to the public. WHEREAS, the granting of the variance requested will not confer on the applicant any special privilege that is denied to owners of other lands, the variance will not be materially detri- mental to the purposes of the ordinance or neighboring property, and the variance requested is the minimum variance which will alleviate the hardship; and WHEREAS, the tower will be constructed on a parcel zoned as commerical property. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Medina hereby grants a conditional use permit to Ralph Schlosser and MCI for the erection and use of a radio tower on a part of the Northeast Quarter of the Northeast Quarter of Section 6, Township 118, Range 23, west of the Fifth Principal Meridian, and hereby grants a variance to the provisions of the Medina Zoning Ordinance Section 408.11 to MCI for the erection and use of a radio tower on said property, subject to the following conditions: 1. The base station facility will consist of an 11 foot by 24 foot equipment shelter to house radio transmitters, receivers and other equipment, an 8 by 10 foot generator building containing a generator for use in the event of a power loss, a 1,000 gallon propane tank, and a 225 foot tower outfitted with several low power UHF antennas and microwave grids for an overall height of 240 feet. The 100 foot by 100 foot base station facility will be entirely enclosed by an 8 foot high chain link fence. The buildings will be secured and will be monitored by MCI's electronic surveillance system. 2. The broadcast facility shall be constructed in accord- nance with plans submitted to the City on land owned by Ralph Schlosser and leased by MCI on the following described property: (See legal attached) 3. MCI shall execute a contract to make semi-annual payments in lieu of taxes to the City of Medina for public services provided by the City to the broadcast facility, such as police protection, fire protection and protective inspections. Said payments shall be equal to the amount of real estate taxes that would actually be received by the City of Medina in each year if the antenna structure itself were taxed as real estate under the laws of the State of Minnesota, using the initial cost of $ as the market value of the antenna structure. 4. The variance granted herein shall expire if the action requested by the variance has not been completed or installed within one year after the date of this resolution. 2 5. No development shall be permitted in an area 250 feet in any direction from the tower. 6. MCI shall enter into the Development Contract attached hereto, such contract to govern the terms and conditions of the construction of the tower. 7. The City of Medina does not recognize the 100 foot by 100 foot parcel, described above, leased to MCI as a separate lot. Dated: ATTEST: Donna Roehl, Clerk The motion for the ado tion of the foregoing resolution was duly seconded by member He /dem c. r► and upon vote being taken th�O�ereo i, the following voted in favor thereof: rs� / .0-, /� e. / em n , /� e /d. ,5 , S -I e v-e-V" and the following voted against same: /lo re Whereupon said resolution was declared duly passed and adopted. bse. : CY©5 by 3