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HomeMy WebLinkAbout09-014 - ADMIN Resolution - City Council - 2009/01/26RESOLUTION NO. 09-014 illA RESOLUTION OF APPROVAL REGARDING 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 FAMIY RESIDENTIAL DISTRICTS LOCATED AT 2301 BRUNSWICK AVENUE SOUTH 0 BE IT RESOLVED BY the City Council of the City of St. Louis Park: Findings 1. Christopher Dahl made application to the City Council for a Conditional Use Permit under Section 36-243(d)(5) of the St. Louis Park Zoning Ordinance for the purpose of permitting a 199 foot tall communication tower and Section 36-294(e) of the St. Louis Park Zoning Ordinance to permit a communication tower in a floodplain. 2. The subject property is located within the IP -Industrial Park and R-3 Two Family Residential Districts located at 2301 Brunswick Avenue South for the legal description as follows, to - wit: Tract F, except the North 550 feet thereof and except the South 240 feet of the North 790 feet of the East 60 feet of said Tract, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin 3. On January 7, 2009, the Planning Commission held a public hearing, received testimony from the public, discussed the application, and on a vote of 3-2 moved to recommend approval of a Conditional Use Permit for a 284 foot (increased from 199 feet by a height variance) communication tower, a Conditional Use Permit to allow a communication tower in a floodplain and approval of a variance to allow a 284 foot communication tower instead of the maximum allowed by conditional use permit of 199 feet, a variance to allow a 330 foot setback from property zoned residential instead of the required 568 feet, and a variance to allow a 366 foot setback from property zoned residential instead of the required 568 feet at the above referenced property. 4. The City Council reviewed the applications for compliance with applicable performance standards, general conditions and specific conditions, considered the advice and recommendation of the Planning Commission, testimony, evidence presented, and files and records (Case Nos. 08 -25 - CUP and 08 -51 -VAR), and the effect of the proposed communication tower on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic, the effect on the use, enjoyment and values of properties in the surrounding area, conformance with the goals and objectives of the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance, and finds the following: Resolution No. 09-014 -2- a. The proposed communication tower, if limited to the allowed maximum height of 199 feet, would not alter the daytime and nighttime impact of the communication towers on the surrounding properties, and therefore would not effect the health and welfare of the occupants surrounding the subject land, the character of the neighborhood, and the enjoyment and values of the surrounding area because: i. It would replace an existing communication tower that is 199 feet tall, ii. The existing communication tower is currently located in the flood plain, and it was constructed prior to the flood plain being mapped by FEMA. iii. It is a lattice structure supported with guy wires, and would replace a similar lattice structure also supported with guy wires, iv. The existing communication tower is not lit in any manner. The Federal Aviation Administration (FAA) does not require communication towers less than 200 feet to be lit by beacons, obstruction lights or any other type of lighting, therefore, the proposed communication tower also would not be lit. b. The contents of Planning Case Files 08 -25 -CUP and 08 -51 -VAR are hereby entered into and made part of the public record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a 199 foot tall communication tower and to permit it to be located in a flood plain at the location described above is hereby approved based on the findings set forth above, and with the conditions identified below. a. The site plan is to be amended to reflect a communication tower that does not exceed 199 feet in height. b. All of the communication towers on this property are not to be lit in any manner not required by the FAA. c. Signs are not allowed on any of the communication towers located on this property except those required by city code and state and federal law. d. All necessary permits and approvals from the watershed, DNR, FAA, FCC, MPCA and other necessary agencies shall be received prior to issuing a building permit. Copies of the approvals shall be submitted to the city. e. A trail shall be constructed as proposed by the applicant on the city owned land located east of the proposed communication tower. The trail shall not be required if the owners of the residential property to the east of the city owned parcel do not grant permission for portions of the trail to be located on their property. f. By September, 25, 2009, the vegetation shall be restored to the same conditions that existed prior to being disturbed by the construction of the communication tower. g. A financial guarantee in the form of a cash escrow or letter of credit is to be submitted to the city to guarantee that the land be restored to the same conditions that existed prior to the construction of the communication tower. Resolution No. 09-014 -3- NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: The Conditional Use Permit to permit a 199 foot tall communication tower and to permit it located in a flood plain at the location described above is hereby approved based on the indi s and conditions set forth above. Rev ed f r Administration: Adopted b he City Council January 26, 2009 I Ci Attest: Mayor 09-014 • 11111111111111111111111110111111111101011111111 sc ANN ED DoclNo T4717810 Certified, filed and/or recorded on 1/4/10 8 00 AM Office of the Registrar of Titles Hennepin County, Minnesota Michael H Cunniff, Registrar of Titles Jill L Alverson, County Auditor and Treasurer Deputy 26 Doc Name: Resolution Document Recording Fee Pkg ID 594292 $46 00 Document Total Existing Certs 1043222 This cover sheet is now a permanent part of the recorded document New Certs $46 00 4 1Io o/I t. IOC( 3222 RESOLUTION NO. 09-014 A RESOLUTION OF APPROVAL REGARDING 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 FAMIY RESIDENTIAL DISTRICTS LOCATED AT 2301 BRUNSWICK AVENUE SOUTH BE IT RESOLVED BY the City Council of the City of St Louis Park: Findings 1. Christopher Dahl made application to the City Council for a Conditional Use Permit under Section 36-243(d)(5) of the St. Louis Park Zoning Ordinance for the purpose of permitting a 199 foot tall communication tower and Section 36-294(e) of the St. Louis Park Zoning Ordinance to permit a communication tower in a floodplain. 2. The subject property is located within the IP -Industrial Park and R-3 Two Family Residential Districts located at 2301 Brunswick Avenue South for the legal description as follows, to - wit: Tract F, except the North 550 feet thereof and except the South 240 feet of the North 790 feet of the East 60 feet of said Tract, Registered Land Survey No. 916, Files of the Registrar of Titles, County of Hennepin 3. On January 7, 2009, the Planning Commission held a public hearing, received testimony from the public, discussed the application, and on a vote of 3-2 moved to recommend approval of a Conditional Use Permit for a 284 foot (increased from 199 feet by a height variance) communication tower, a Conditional Use Permit to allow a communication tower in a floodplain and approval of a variance to allow a 284 foot communication tower instead of the maximum allowed by conditional use permit of 199 feet, a variance to allow a 330 foot setback from property zoned residential instead of the required 568 feet, and a variance to allow a 366 foot setback from property zoned residential instead of the required 568 feet at the above referenced property. 4. The City Council reviewed the applications for compliance with applicable performance standards, general conditions and specific conditions, considered the advice and recommendation of the Planning Commission, testimony, evidence presented, and files and records (Case Nos 08 -25 - CUP and 08 -51 -VAR), and the effect of the proposed communication tower on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic, the effect on the use, enjoyment and values of properties in the surrounding area, conformance with the goals and objectives of the Comprehensive Plan, and compliance with the intent of the Zoning Ordinance, and finds the following: Resolution No. 09-014 -2- a. The proposed communication tower, if limited to the allowed maximum height of 199 feet, would not alter the daytime and nighttime impact of the communication towers on the surrounding properties, and therefore would not effect the health and welfare of the occupants surrounding the subject land, the character of the neighborhood, and the enjoyment and values of the surrounding area because: i. It would replace an existing communication tower that is 199 feet tall, ii The existing communication tower is currently located in the flood plain, and it was constructed prior to the flood plain being mapped by FEMA 111. It is a lattice structure supported with guy wires, and would replace a similar lattice structure also supported with guy wires, iv. The existing communication tower is not lit in any manner. The Federal Aviation Administration (FAA) does not require communication towers less than 200 feet to be lit by beacons, obstruction lights or any other type of lighting, therefore, the proposed communication tower also would not be lit. b. The contents of Planning Case Files 08 -25 -CUP and 08 -51 -VAR are hereby entered into and made part of the public record and the record of decision for this case. Conclusion The Conditional Use Permit to permit a 199 foot tall communication tower and to permit it to be located in a flood plain at the location described above is hereby approved based on the findings set forth above, and with the conditions identified below. a. The site plan is to be amended to reflect a communication tower that does not exceed 199 feet in height. b. All of the communication towers on this property are not to be lit in any manner not required by the FAA. c. Signs are not allowed on any of the communication towers located on this property except those required by city code and state and federal law. d. All necessary permits and approvals from the watershed, DNR, FAA, FCC, MPCA and other necessary agencies shall be received prior to issuing a building permit Copies of the approvals shall be submitted to the city. e. A trail shall be constructed as proposed by the applicant on the city owned land located east of the proposed communication tower. The trail shall not be required if the owners of the residential property to the east of the city owned parcel do not grant permission for portions of the trail to be located on their property. f. By September, 25, 2009, the vegetation shall be restored to the same conditions that existed prior to being disturbed by the construction of the communication tower g. A financial guarantee in the form of a cash escrow or letter of credit is to be submitted to the city to guarantee that the land be restored to the same conditions that existed prior to the construction of the communication tower. • Resolution No. 09-014 -3- NOW THEREFORE BE IT RESOLVED by the City Council of the City of St Louis Park. The Conditional Use Permit to permit a 199 foot tall communication tower and to permit it to be located in a flood plain at the location described above is hereby approved based on the findings and conditions set forth above. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) ss CITY OF ST. LOUIS PARK ) The undersigned, being the duly qualified City Clerk of the City of St. Louis Park, Minnesota, certifies that the foregoing resolution is a full, true and correct copy of the original Resolution No 09-014 adopted at the St. Louis Park City Council meeting held on January 26, 2009. WITNESS my hand and the Seal of the City of St. Louis Park this 9th day of December, 2009. a—' -i 4 ,><� Nancy J �:jro '=City Clerk