HomeMy Public PortalAbout1988-018/ ZQ /.5
Member introduced the following resolution and moved
its adoption:
CITY OF MEDINAQ1 d
RESOLUTION NO. J4/O
RESOLUTION GRANTING AN AMENDED
CONDITIONAL USE PERMIT AND
VARIANCE TO MARK FRANKLIN
WHEREAS, Mark Franklin (Applicant) has applied for an amended conditional
use permit and variance to permit him to construct and maintain six radio
towers and antennas (collectively, Towers) on his property at 1461 Willow
Drive (Property); and
WHEREAS, Section 825.21, subd. 11 of the Medina zoning ordinance
restricts the Towers to a height no greater than five feet above the height of
the principal structure on the property unless a conditional use permit is
granted; and
WHEREAS, Section 825.21, subd. 11 of the Medina zoning ordinance
prohibits any Tower if it exceeds 1 1/2 times the height of the principal
structure on the property or a height equal to twice the required side yard
setback, whichever is less; and
WHEREAS, the Towers exceed the height of the Applicant's principal
structure by more than five feet and also violate the maximum height permitted
by Section 825.21, subd. 11; and
WHEREAS, Section 825.39 of the Medina zoning ordinance requires that the
city council consider certain factors prior to granting a conditional use
permit; and
WHEREAS, Section 825.45 of the Medina zoning ordinance and Minnesota
Statutes, Section 462.357, subd. 6 require that the City find a hardship
unique to the Property prior to granting a variance; and
WHEREAS, in 1981 the Applicant constructed two Towers of 47 and 110 feet
in height on the Property without obtaining the necessary building permit,
conditional use permit, variance or other approval from the City; and
WHEREAS, on January 5, 1982, the City granted the Applicant a conditional
use permit and variance to permit the construction of two Towers not to exceed
47 and 70 feet in height; and
WHEREAS, on November 17, 1982, in response to a request from the
Applicant, the City granted a modified conditional use permit and variance to
allow the construction of two Towers on the Property not to exceed 70 feet in
height; and
WHEREAS, in 1987 it came to the attention of the City that the Applicant
had constructed a total of six Towers on the Property, four of which are 65
feet high and two of which are 70 feet in height; and
WHEREAS, after being warned by the City that he was in violation of the
terms of the 1982 conditional use permit, the Applicant requested permission
to be able to retain the four Towers at 65 feet and to increase the height of
the remaining two Towers to 90 feet and 115 feet; and
WHEREAS, the matter was reviewed by the planning commission on
October 13, 1987; and
WHEREAS, the matter has been considered by the City Council on August 18,
1987, November 3, 1987, January 19, 1988, and February 16, 1988, at each of
which hearings the Applicant has been present and has addressed the City
Council personally or through his representative.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina
that the Council makes the following findings:
1. The indiscriminate placement of towers on residential property poses
potential safety risks to persons residing on adjacent properties or
using nearby roadways due to the danger of the towers falling or
collapsing, or serving as attractive nuisances to neighborhood children.
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2. Towers of excessive number or height or which have inadequate setback
from adjacent residential property can have a blighting influence on the
neighborhood and depress the value of surrounding properties.
3. It is the intent of the City to use its authority to preserve the public
health, safety and welfare and prevent or mitigate the threats thereto
outlined in paragraphs 1 and 2 above. Because of these matters, the city
council cannot make the findings it must pursuant to Section 825.34 of
the City's zoning ordinance in regard to the Applicant's request.
4. Granting the Applicant a conditional use permit and variance under the
conditions specified below accommodates reasonably the Applicant's rights
regarding amateur radio communications.
5. The City Council has carefully considered the testimony of the Applicant,
neighbors and city staff and weighed the need for amateur radio
communication against the City's interest in protecting the public
health, safety and welfare and has concluded that the conditions attached
to the granting of a conditional use permit and variance are the minimum
practicable needed to accomplish the City's legitimate purposes.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Medina, Minnesota that an amended conditional use permit is hereby granted to
the Applicant, subject to the following conditions:
1. A11 ground wires associated with the Towers shall be buried or enclosed
within a fence;
2. The city building inspector shall inspect all Towers for safety and
structural integrity and shall inspect the area for electrical strikes;
3. The Applicant shall notify the relevant utility companies of the height
of the Towers;
4. No more than six Towers shall be permitted on the Property;
5. The four Towers included within the group designated as C on the site
plan attached hereto and hereby incorporated by reference shall not
exceed 65 feet in height and shall have minimum setbacks from all
property lines of 65 feet;
6. The Towers designated as A and B on the attached site plan shall not
exceed 70 feet in height and shall have minimum setbacks from all
property lines of 70 feet;
7. The Applicant shall obtain a building permit for all existing Towers by
June 1, 1988;
8. The Applicant shall respond to all complaints by neighbors regarding
television or radio interference and shall expeditiously take the
necessary steps to correct the problem;
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member
9. The Applicant shall limit his use of the Towers to amateur, non-
commercial purposes;
10. The Applicant shall not seek permission for nor construct additional or
higher Towers on the Property in the future; and
11. The Applicant shall pay to the City a fee in the amount determined by the
staff to represent the actual cost to the City of reviewing this
conditional use permit application.
12. This resolution supersedes resolution No. 82-28 or any other prior
approvals granted by the City concerning Towers on the Property.
NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of
Medina that a variance is hereby granted to the Applicant from the provisions
of Section 825.21, subd. 11 of the City zoning ordinance to permit
construction and maintenance of the above -described Towers on the grounds that
strict application of the City's ordinance would effectively preclude the
Applicant's ability to engage in amateur radio communications.
Dated: ff)l-Yc- A /.5" , 1988.
ATTEST:
Donna Roehl, City Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by
SGiirr�/�
voted in favor thereof:
C.-
and upon vote being taken thereon, the following
and the following voted against same:
Whereupon said resolution was declared duly passed and adopted.
h cn e`" . /77,^/G/e//
Res4:045RE146.E40
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