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HomeMy WebLinkAbout09-016 - ADMIN Resolution - City Council - 2009/01/26RESOLUTION NO. 09-016 IDRESOLUTION GRANTING 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 PROPERTY ZONED IP -INDUSTRIAL PARK AND R-3 TWO FAMILY RESIDENTIAL DISTRICTS AND 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 also 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 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: Resolution No. 09-016 -2- a. Under separate Resolution, the Council approved a conditional use permit to allow a communication tower that is 199 feet tall, and is located in a flood plain. b. Under separate Resolution, the Council denied the requested variance to allow a communication tower that is 284 feet tall instead of the allowed maximum of 199 feet tall. c. Under separate Resolution, the Council denied the requested variances 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. d. Variances to allow a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet are justified for a communication tower that does not exceed 199 feet in height at the proposed location for the following reasons: i. The variances are required to allow a 199 foot tall communication tower, which is a "legally permissible" use, and a use that currently exists on the property. ii. The location of the existing communication towers presents a difficulty because the four towers act together in an array to broadcast the AM signal. 111. There is currently a 199 foot tall communication tower in the location of the proposed tower that is legally non -conforming to the required setbacks. Granting the setback variances to allow the 199 foot communication tower in the same location as the existing communication tower would remove the legally non- conforming setbacks status, and allow modifications to the communication tower. iv. The variance would not increase the congestion in public streets, or increase the risk of fire or endanger the public safety. It also would not impair an adequate supply of light and air to the adjacent properties. v. The tower would be no more visible than the existing 199 foot tall communication tower because like the existing tower, the proposed tower would not be lit, it would be 199 feet tall, and it would be constructed in the same location as the existing tower. 6. The contents of Planning Case File 08 -51 -VAR are hereby entered into and made part of the public hearing record and the record of decision of this case. 7. Under the Zoning Ordinance, these variances shall be deemed to be abandoned, revoked, or canceled if the holder fails to complete the work on or before one year after the variances are granted. 8. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. Conclusion The variances to permit a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet for a communication tower that does not exceed 199 feet in height at the proposed location are hereby approved based on the findings set forth above, subject to the following conditions: Resolution No. 09-016 -3- 1. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 • per violation of any condition of this approval. 2. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 3. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 4. Approval of a Building Permit, which may impose additional requirement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Variances to permit a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet for a communication tower that does not exceed 199 feet in height at the proposed location are hereby approved based on the findings and conditions set forth above. City Clerk is instructed to record certified copies of this resolution in the Office of the Henn . in County Register of Deeds or Registrar of Titles as the case may be. r Administration: Adopte ity Council January 26, 2009 Attest: City Clerk Mayor 111111111111 11111111111111111111111111111111111111 Doc No T4622953 Certified, filed and/or recorded on 3/11/09 9 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 49 Doc Name: Resolution Document Recording Fee Pkg ID 520213 $46 00 Document Total Existing Certs 1043222 This cover sheet is now a permanent part of the recorded document New Certs $46 00 109aZZ2 RESOLUTION NO. 09-016 RESOLUTION GRANTING 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 PROPERTY ZONED IP -INDUSTRIAL PARK AND R-3 TWO FAMILY RESIDENTIAL DISTRICTS AND LOCATED AT 2301 BRUNSWICK AVENUE SOUTH BE IT RESOLVED BY the City Council of the Ciry of St. Louis Park: Findings 40 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 also 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 - 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. 1/10 2.2.15.3 Resolution No. 09-016 ' -2- 5. The City Council reviewed the applications for compliance with applicable performance 4111 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 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. Under separate Resolution, the Council approved a conditional use permit to allow a communication tower that is 199 feet tall, and is located in a flood plain. b. Under separate Resolution, the Council denied the requested variance to allow a communication tower that is 284 feet tall instead of the allowed maximum of 199 feet tall. c. Under separate Resolution, the Council denied the requested variances 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. d. Variances to allow a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet are justified for a communication tower that does not exceed 199 feet in height at the proposed location for the following reasons: i. The variances are required to allow a 199 foot tall communication tower, which is a "legally permissible" use, and a use that currently exists on the property. ii. The location of the existing communication towers presents a difficulty because the four towers act together in an array to broadcast the AM signal. iii. There is currently a 199 foot tall communication tower in the location of the proposed tower that is legally non -conforming to the required setbacks. Granting the setback variances to allow the 199 foot communication tower in the same location as the existing communication tower would remove the legally non- conforming setbacks status, and allow modifications to the communication tower. iv. The variance would not increase the congestion in public streets, or increase the risk of fire or endanger the public safety. It also would not impair an adequate supply of light and air to the adjacent properties. v. The tower would be no more visible than the existing 199 foot tall communication tower because like the existing tower, the proposed tower would not be lit, it would be 199 feet tall, and it would be constructed in the same location as the existing tower. 6. The contents of Planning Case File 0851 -VAR are hereby entered into and made part of the public hearing record and the record of decisio` of this case. 7. Under the Zoning Ordinance, these variances shall be deemed to be abandoned, revoked, or ® canceled if the holder fails to complete the work on or before one year after the variances are granted. 8. Under the Zoning Ordinance, these variances shall be revoked and cancelled if the building or structure for which the variances are granted is removed. Resolution No. 09-016 -3- Conclusion The variances to permit a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet for a communication tower that does not exceed 199 feet in height at the proposed location are hereby approved based on the findings set forth above, subject to the following conditions: 1. In addition to any other remedies, the developer or owner shall pay an administrative fee of $750 per violation of any condition of this approval. 2. Under the Zoning Ordinance Code, this permit shall be revoked and cancelled if the building or structure for which the conditional use permit is granted is removed. 3. Assent form and official exhibits must be signed by applicant (or applicant and owner if applicant is different from owner) prior to issuance of a building permit. 4. Approval of a Building Permit, which may impose additional requirement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of St. Louis Park: Variances to permit a 330 foot setback from property zoned residential and a 366 foot setback from property zoned residential instead of the required 398 feet for a communication tower that does not exceed 199 feet in height at the proposed location are hereby approved based on the findings and conditions set forth above. The City Clerk is instructed to record certified copies of this resolution in the Office of the Hennepin County Register of Deeds or Registrar of Titles as the case may be. 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. 09-016 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 3rd day of March, 2009. 4 Nancy i/ tr 4 , City Clerk