Loading...
HomeMy WebLinkAbout2009/01/26 - ADMIN - Minutes - City Council - Regular III St. Louis Park OFFICIAL MINUTES MINNESOTA SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA JANUARY 26, 2009 1. Call to Order Mayor Jacobs called the meeting to order at 6:00 pm. Councilmembers present: Mayor Jeff Jacobs, John Basill, Phil Finkelstein, Loran Paprocki and Sue Sanger. Council members absent: C. Paul Carver and Paul Omodt. Staff present: City Manager (Mr. Harmening), City Attorney (Mr. Scott), Planning/Zoning Supervisor (Ms. McMonigal), Community Development Director (Mr. Locke), Assistant Zoning Administrator (Mr. Morrison) and Recording Secretary (Ms. Larrea). 2. Resolutions, Ordinances, Motions and Discussion Items 2a. Public Hearing and Conditional Use Permits &Variances — Communication Tower at 2301 Brunswick Avenue South. Resolution No.'s 09-014, 09-015, 09-016 Mayor Jacobs opened the public hearing at 6:00 p.m. Mr. Morrison presented the staff report. Chris Dahl, 5404 Interlachen Boulevard, the property owner, stated that there have been antennas at this property since the 1960s. He presented a study by Standard and Poor's showing that communication towers have no affect on property values. He stated that this is a replacement tower and would not affect the environment. He concluded by stating that he would like approval for a CUP and variance to build the proposed antenna on his property. Jared Andrews of Loucks Associates, 7200 Hemlock Lane, Suite 300, stated he believes that this property is in accordance with the variance and the property met the definition of a hardship. He felt that with the amount of wetlands and floodplains, it would be difficult to find other uses for this property. He believes that this property is unique in that it is a low lying area that is surrounded by wetland and mature trees. He stated that this would not set precedence because it is a unique property and would not be duplicated in its characteristics. He noted that there has been a tower farm on this property since the early 1960s. They would use the minimal lighting necessary to meet lighting codes, similar to that used in a parking lot. He concluded by stating that he would like the Council to grant the variance. Special City Council Meeting -2- January 26, 2009 Claire Christison, 2744 Georgia Avenue S., stated there was no hardship for the owner but there was for the residents. She stated a city in Carver has been dealing with interference issues for 7 years because of its towers and current forms of communication would further interfere with the tower. Kirsten Norberg, 2130 Ridge Drive, #21, questioned how many towers could be built on this property. Mayor Jacobs responded that it would be written into the variance that only one tower would be allowed to be built. Staff confirmed this was correct. Thomas Christiansen, 2170 Ridge Drive, stated he is the closest resident to the towers, which are easily visible from his building. He did not feel that photographs presented by Mr. Andrews were a fair representation of what can be seen at night because the towers are visible at night. Mr. Christiansen believed that the primary use of the station would be to broadcast Twins games, which was contrary to what Mr. Dahl has stated that the towers would be used for. He felt the application process by the owner had been flawed from the beginning because Mr. Dahl had applied for construction of a 400 foot tower. At an earlier meeting, Mr. Dahl had indicated there were other ways he could develop his property that would be less desirable to the residents than antenna towers. Mr. Christiansen questioned other uses available for the property and how it could be defined as a hardship. He stated that he must deal with interference from the tower on a daily basis because of the AM frequency. Mr. Christiansen noted that telephones that plug into the wall do not work in the Sunset Ridge neighborhood and concluded by stating there was no benefit to the City to approve the variance. Councilmember Sanger stated that the granting of this variance would locate a tower in closer proximity to more residents and variances are never approved for profit gains. She noted that variances should be approved if a location has unique characteristics such as floodplains and wetlands. However, these characteristics were not stopping Mr. Dahl from building the tower, it is the height issue. She noted that the City's towers should be similar to those in other communities and concluded by stating there was no benefit to the community to approve the variance for the tower. Councilmember Finkelstein asked the engineer, Gary Lusiake, regarding the interference created by the tower and what effect the FM signal would have on residents. Mr. Lusiake responded that the FM signal is not interference but overload and is not a problem because it can be dealt with. The only interference residents would deal with is interference with other FM stations. Mr. Dahl stated that he would limit the land use to four communication towers. Councilmember Paprocki asked the City Attorney for the definition of hardship. Mr. Scott responded that the definition of hardship, as stated in the City ordinance, related to the physical characteristics of the property and whether or not they are unique in relating to the development of the property. Special City Council Meeting -3- January 26, 2009 Councilmember Finkelstein noted that it was a tough call, but that the application did not meet the legal definition of a hardship. The fact that the City was not permitting the most profitable use of the land in question did not mean that it was a hardship, further stating it already was a profitable use of the land. Councilmember Basill questioned whether the Council could impose a condition on the CUP or variance, such as to limit the number of towers to four. Mr. Scott answered in the affirmative and responded that there would be conditions limiting the number of towers and its "attachments." Councilmember Sanger expressed concern with taking action that would expand the radius of interference that residents are experiencing and whether those issues could be rectified within a period of one year as required by the FCC or would extend beyond that time. It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve Resolution No. 09-014 regarding approval of the application of Christopher Dahl for a Conditional Use Permit under Sections 36-243(D)(5) and 36-294(E) of the St. Louis Park Code relating to Zoning to permit a 199 foot Communication Tower in a Floodplain for property zoned IP-Industrial Park and R-3 Two Family Residential Districts located at 2301 Brunswick Avenue South. The motion passed 4-1 (Mayor Jacobs opposed). It was moved by Councilmember Sanger, seconded by Councilmember Paprocki; to approve Resolution No. 09-015 regarding Denial of the application of Christopher Dahl for Variances under Sections 36-243(D)(5) and 36-368(D)(2) of the St. Louis Park Ordinance Code relating to Zoning to permit a Communication Tower in excess of the maximum allowed height, and located less than the required setback from properties zoned Residential for a communication tower of the requested height for property located at 2301 Brunswick Avenue South. The motion passed 4-1 (Mayor Jacobs opposed). It was moved by Councilmember Sanger, seconded by Councilmember Paprocki, to approve Resolution No. 09-016granting Variances from Sections 36-368(D)(2)of the St. Louis Park Ordinance Code relating to Zoning to permit a Communication Tower located less than the required setback from properties Zoned Residential for a 199 foot tall communication tower for property Zoned IP-Industrial Park and R-3 Two Family Residential Districts and located at 2301 Brunswick A ven ue South. The motion passed 4-1 (Mayor Jacobs opposed). Special City Council Meeting -4- January 26, 2009 3. Adjournment The meeting adjourned at 7:20 p.m. Nancy Stroth, City Clerk Jeff J.'ob M. or