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HomeMy WebLinkAbout09-015 - ADMIN Resolution - City Council - 2009/01/26RESOLUTION NO. 09-015 III A RESOLUTION OF DENIAL REGARDING 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 PROPERTY 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 to Section 36-243(d)(5) of the St. Louis Park Zoning Ordinance for the purpose of permitting a 284 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. Christopher Dahl made application to the City Council for variances from Sections 36- 243(d)(5) of the St. Louis Park Zoning Ordinance to permit a communication tower that is 284 feet tall instead of the maximum allowed 199 feet, and from Section 36-368(d)(2) of the St. Louis Park Zoning Ordinance to permit a communication tower located 330 and 366 feet from property zoned residential instead of the required 568 feet. 3. 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 4. 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 communication tower in a floodplain and approval of a variance to allow a 284 foot communication tower instead of the maximum allowed 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. 5. 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 with regards to Section 36-33(d)5a of the Zoning Ordinance, the effect Resolution No. 09-015 -2- of the proposed variances on the health, safety and welfare of the occupants of the surrounding lands, existing and anticipated traffic, 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: a. There is nothing unusual about the character or condition of the lot that would require a variance to allow a taller communication tower. The property and surrounding neighborhood is relatively flat, so additional height is not required to overcome dramatic changes in surface elevations. b. There are four AM radio antennas in operation on the property. Each antenna is 199 feet tall, which meets the height limits for the IP zoning district, which this property is zoned. The presence of these towers demonstrates that there are no physical characteristics of the land preventing the reasonable use of a 199 foot tall communication tower. c. The requested setback variances are the result of a proposed 284 foot communication tower is not the result of a use that is "customary" or "legally permissible" within the zoning district. The property is zoned IP, which allows a maximum height of 199 feet for communication towers. d. Increasing the height above 199 feet would require the communication tower to be lit according to FAA standards. The proposed 284 foot tall communication tower would have a red flashing beacon on top, and a constantly burning red obstruction light approximately half way up the tower. The communication towers are located in the middle of a large natural area, and the presence of lights, both flashing and constantly burning, would affect the character of the neighborhood. There are currently four communication towers on the site that are not lit, and therefore, do not attract attention to themselves at night. The variance would require the towers to have flashing and constantly burning lights which would alter the character of the neighborhood. e. The four communication towers currently broadcast two AM signals, which results in interference with household items such as phones, radios, garage door openers and other wireless equipment. The interference from the AM signal reaches as far as 0.37 miles from the communication tower. The interference from the proposed communication tower could reach as far as 1.2 miles according to the city's consulting engineer report. The potential for increased interference would impact the character and comfort of the neighborhood. f. The proposed 284 foot communication tower is contrary to the intent of both the Zoning Ordinance and Comprehensive Plan because the impacts on surrounding properties are not typical of communication towers less than 199 feet tall. The proposed tower would require a flashing beacon and constantly burning obstruction lights. These lights would impact the surrounding properties in a manner that is contrary to the goals of the comprehensive plan to minimize the impact of industrial development on residential properties and the neighborhood. g. The variances to both the height and the setbacks from residential properties serve as a convenience to the applicant, and are not needed to alleviate a difficulty or hardship. The existing 199 foot tall communication towers are a reasonable use of the land, and the presence of functioning antennas that broadcast two AM signals, plus the ability to accommodate PCS antennas demonstrates that the 199 foot height limit is reasonable. h. 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. Resolution No. 09-015 -3- Conclusion The requested variances from Sections 36-243(d)(5) of the St. Louis Park Zoning Ordinance to permit a communication tower that is 284 feet tall instead of the maximum allowed 199 feet, and from Section 36-368(d)(2) of the St. Louis Park Zoning Ordinance to permit a communication tower located 330 and 366 feet from property zoned residential instead of the required 568 feet at the location described are hereby denied based on the findings set forth above. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: The applicant's request for variances from Sections 36-243(d)(5) of the St. Louis Park Zoning Ordinance to permit a communication tower that is 284 feet tall instead of the maximum allowed 199 feet, and from Section 36-368(d)(2) of the St. Louis Park Zoning Ordinance to permit com unication tower located 330 and 366 feet from property zoned residential instead of the equired 68 feet at the location described are hereby denied based on the findings set forth above. Revi ed for Administration: Ado. - _ .y the City Council January 26, 2009 City Attest: City Clerk Mayor