HomeMy Public PortalAbout1996-053Member Johnson introduced the following resolution and moved its adoption:
CITY OF MEDINA
RESOLUTION NO. 96-53
RESOLUTION GRANTING A CONDITIONAL USE PERMIT TO
GLADYS SCHLOSSER
WHEREAS, Gladys Schlosser (the "Applicant") is the fee owner of property legally described
in Exhibit A attached hereto; and
WHEREAS, the Applicant has applied for a conditional use permit to construct a tower 165' in
height to be used as a cell site for a wireless telephone antenna; and
WHEREAS, this matter was reviewed by the planning commission on September 11, 1996,
and by the city council on October 1, 1996; and
WHEREAS, it has been determined that construction of the tower and its intended use will not
impede the orderly development of adjacent properties.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota that a conditional use permit be granted to the Applicant for the stated purpose, subject to
the following terms and conditions:
1. There shall be no strobe lights attached to the tower;
2. There shall be no guy wires installed on the tower;
3. The 48 foot by 48 foot base area surrounding the tower must be entirely enclosed by an
8 foot high chain link fence;
4. American Portable Telecom, owner of the antenna, shall execute a contract to make
annual payments in lieu of taxes to the city for public services provided by the city to
the tower and the wireless telephone antenna site, including 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 in each year if the tower and
antenna were taxed as real estate under the laws of the Minnesota, using the initial cost
of $ 70l DOD as the market value;
No development shall be permitted in an area 165 feet in any direction from the tower;
6. The city does not recognize the 48 foot by 48 foot area described above and leased by
RHB111145
ME230-248
the Applicant to American Portable Telecom as a separate legal parcel;
7. 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;
and
Any violation of the terms and conditions of this conditional use permit or of any
related section of the city's ordinance code shall be grounds for revocation of this
conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina,
Minnesota that a variance shall be granted to the Applicants to allow the tower to exceed the ordinance
limit of 150 percent of the height of the principal structure or twice the distance of the structure's side
yard setback, whichever is greater. The variance shall allow a tower not to exceed 165 feet and is
granted on the grounds that strict compliance with the ordinance would prohibit construction of a
tower tall enough to complete a coordinated network of similar antennas to provide wireless telephone
service to the public.
Dated: October 15, 1996.
Ann C. Thies, Acting Mayor
Paul Robinson, Clerk -Treasurer
The motion for the adoption of the foregoing resolution was duly seconded by member Zietlow and
upon vote being taken thereon, the following voted in favor thereof Johnson, Ferris, Thies, and
Zietlow
and the following voted against same: None Absent: Mayor Theis
Whereupon said resolution was declared duly passed and adopted.
RHB111145
ME230-248