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HomeMy Public PortalAbout2001-036 Resolution Opposing Application for Conditional Use Permit and Variance by Ulteig Engineers for Monopole Antenna Tower at 19020 Hamel Road, Plymouth, MinnesotaMember Carolyn Smith introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.01-36 RESOLUTION OPPOSING APPLICATION FOR CONDITIONAL USE PERMIT AND VARIANCE BY ULTEIG ENGINEERS FOR MONOPOLE ANTENNA TOWER AT 19020 HAMEL ROAD, PLYMOUTH, MINNESOTA WHEREAS, Ulteig Engineers, Inc. (the "Applicant") has applied for a conditional use permit and a variance on behalf of AT&T Wireless to allow construction of a 125 foot high monopole antenna tower and related equipment shelter at the Hamel VFW Post at 19020 Hamel Road (the "Property"); and WHEREAS, the application will be considered by the Plymouth planning commission at its meeting on June 20, 2001; and WHEREAS, the Property is immediately adjacent to the Medina/Plymouth municipal boundary and will have a substantial impact on residences and businesses in Medina; and WHEREAS, the city of Medina ("Medina") received a copy of the application and reviewed the matter at its city council meeting of June 19, 2001. NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Medina, Minnesota, that Medina is opposed to the granting of the conditional use permit and variance to the Applicant for the following reasons: 1. Medina has recently implemented its comprehensive plan and official controls for development of the Uptown Hamel area immediately adjacent to the Property. This area is planned to be Medina's redeveloped downtown. Medina does not allow cellular towers within the Uptown Hamel area. The proposed tower will be clearly visible from and have an adverse impact on development in the Uptown Hamel area of Medina. 2. The Applicant has failed to comply with the requirement of the Plymouth ordinance that it RHB-199281v1 01-36 ME230-1-PZ June 19, 2001 demonstrate that the antenna is required to meet the spacing needs of the wireless system and provide adequate coverage and capacity. The coverage map provided by the Applicant did not distinguish among in -building, in -car and ground coverage; 3. The Applicant has failed to demonstrate that a variance from the height limitations is justified in this instance. The Applicant has failed to demonstrate compliance with items 1, 2, 3, 5, 6, and 7 of the criteria required by section 21030 of the Plymouth zoning ordinance, all of which must be met to grant a variance. There is nothing unique about the Property which would justify granting a variance to exceed the maximum height by 66.67%. If a variance is required in order to make the tower functional on the site, the Property is simply not an appropriate location for the tower; 4. The Property contains a non -conforming use. Construction of the proposed tower will constitute the intensification of a non -conforming use; 5. The majority of the area intended to be served by the tower will be located within Medina but the Medina ordinances will not apply; and 6. There are alternative sites available for co -location of wireless antennas, including a facility within one mile of the Property on T.H. 55. BE IT FURTHER RESOLVED that this resolution be forwarded to the Plymouth planning commission and that Medina staff be directed to take all actions to discourage the granting of the conditional use permit and variance. Dated: June 19, 2001. Paul Robinson, Administrator -Clerk -Treasurer The motion for the adoption of the foregoing resolution was duly seconded by member Bruce Workman and upon vote being taken thereon, the following voted in favor thereof: Ferris, Lane, Smith, Workman, and Zietlow and the following voted against same: None Whereupon said resolution was declared duly passed and adopted. RHB-199281 v 1 ME230- l -PZ 01-36 June 19, 2001